Ch 11.2

Question 1

elements needed to establish a boundary line under agreed-boundary doctrine

Answer 1

?

Question 2

To establish a boundary line under the agreed-boundary doctrine, the following facts need to exist (3):

Answer 2

1. ) uncertainty as to boundary’s exact location
2. ) agreement btwn owners to set the boundary line and acquiescence to the boundary line for a period of at least 5 years; or
3. ) substantial loss would be suffered due to a change in location of boundary line to the legally described location

Question 3

agreed-to boundary which remains in place for > ______ years is binding on subsequent owners even though the recorded legal description is different.

Answer 3

5

Question 4

An agreement to mark a boundary line may be in what forms (3)?

Answer 4

oral, written or result from the conduct of neighboring property owners.

Question 5

The 5 categories of resolutions for lad disputes:

Answer 5

1) reformation
2) possession
3) agreement or acquiescence
4) Practical location doctrine,
5) Original government survey

Question 6

The basic unit of the government survey method is the:

Answer 6

Township

Question 7

___ may be used to resolve a land description problem if the transferor of the property is willing to execute a new deed that contains the correct description.

Answer 7

Reformation

Question 8

Examining who is actually in _____ of the property is a potential solution to an unclear or incomplete land description.

Answer 8

Possession

Question 9

property’s boundary may be determined under the agreed boundary doctrine, in which the parties make an express or implied agreement as to where the boundary line is located.

The parties may put this into writing, in the form of a boundary line agreement.

Answer 9

Acquiescence / Agreement

Question 10

The doctrine of _____ states that if, at the time of a sale, the parties accept a marked boundary as the dividing line between properties, then that will be the boundary, even if it differs from the description in the deed.

Answer 10

practical location

Question 11

If a property is resurveyed and errors are found, the boundaries will still be based on the incorrect assumptions of the ____

Answer 11

Original govt survey

Question 12

___ is used to establish land boundaries, prepare navigational maps, and develop engineering data for construction.

Answer 12

Surveying

Question 13

Metes refers to ____

Answer 13

Distance

Question 14

Bounds refers to

Answer 14

The direction to follow beginning from a starting point.

Question 15

The description of the boundary lines is given in a_____ manner, starting and stopping from the point of beginning.

Answer 15

clockwise

Question 16

north-south longitude lines

Answer 16

Principal meridians

Question 17

east-west latitude lines

Answer 17

Base lines

Question 18

______ lines are placed every twenty-four (24) miles from the principal meridian.

Answer 18

Guide meridian

Question 19

Guide meridian lines run in what direction

Answer 19

North-south

Question 20

Correction lines are placed every twenty-four miles form the _____

Answer 20

Base lines

Question 21

Correction lines run in what direction?

Answer 21

East-west

Question 22

A twenty-four-by-twenty-four mile grid created by the guide meridians lines and the correction lines:

Answer 22

Checks

Question 23

____ lines are placed every six miles from the principal meridian.

Answer 23

Range

Question 24

Range lines run in what direction

Answer 24

North-south

Question 25

_____ lines are placed every six miles from the base line

Answer 25

Township

Question 26

Township lines run in what direction?

Answer 26

East-west

Question 27

Township lines are placed every ___ miles from the base line.

Answer 27

6

Question 28

____ = The six-mile squares created by the intersection of the range lines and the township lines

Answer 28

Townships

Question 29

Each township is identified with a ______ and _____ designation.

Answer 29

Township;

Range

Question 30

Townships are indicated by a location north or south of the _____

Answer 30

baseline

Question 31

range designations are indicated by their location east or west of the _____

Answer 31

principal meridian.

Question 32

Each township is further divided into __#__ sections

Answer 32

36

Question 33

Each section = # sq mile

Answer 33

1

Question 34

1 sq mile = __#__ acres

Answer 34

640

Question 35

Sections are numbered in serpentine fashion, starting at the upper ___ corner of the township and proceeding ____.

Answer 35

Right;

Left

Question 36

Each section can be further divided into _____ acres.

Answer 36

Fractional

Question 37

Any parcel of land smaller than a full section is identified by its position in the ______.

Answer 37

Section

Question 38

The description of any parcel of land smaller than a full section is created by dividing the section into ___ and ___

Example: SE 1/4 of NE 1/4 of Section 15, Township 3 North, Range 3 East.

Answer 38

Quarters;

Halves

Question 39

_____ Corrects a written legal description to conform to the original parties to the instrument.

Answer 39

Reformation

Question 40

Three types of land description systems:

Answer 40

• Metes and bounds
• Subdivision plats
• Government survey systtem

Question 41

_____ states that after a specified number of years have passed, a non-owner who has exclusively and continuously used and possessed a property may receive title to it.

Answer 41

Doctrine of adverse possession

Question 42

Under the______, two neighbors may resolve a boundary dispute through an express or implied agreement.

Answer 42

Agreed boundary doctrine

Question 43

The agreed boundary doctrine is limited to situations of _____

Answer 43

True uncertainty

Question 44

Examples of _____ = when the legal records have been destroyed, or natural monuments have moved or disappeared.

Answer 44

True uncertainty

Question 45

T/F: A boundary line agreement is binding on both the parties and all subsequent owners if it is put into writing, signed, and acknowledged.

Answer 45

True

Question 46

A boundary line agreement should include a(n) ________and ______, and be recorded in the county where the property is located.

Answer 46

accurate legal description;

survey map

Question 47

The doctrine of ________ applies when a property owner conveys part of his property to another party, marking the boundary between the parcels with a monument such as a fence or rock wall.

Answer 47

Practical location

Question 48

T/F: Regarding the doctrine of practical location, If both parties accept the marked boundary, it will be binding on them and future owners, even if it differs from the legal description in the deed.

Answer 48

True

Question 49

T/F: When errors are found as a result of consulting the original govt surveys, the court does not honor the original survey because the first surveyors worked under harsh conditions with older equipment, which frequently resulted in errors

Answer 49

False

When errors are found, however, the court normally attempts to honor the original government surveyor’s intent by maintaining the original boundary lines.