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Land Boundary Law


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6. Which of the following conditions is essential for the execution of a valid deed?
(A) The deed must be recorded.
(B) There must be a perambulation of the boundary.
(C) It must be sealed with a stamp specified by the laws of the state.
Solution: The only condition that is essential is the written or printed form. "The others may occur, but are not necessary in all cases. For example, a valid consideration must be exchanged between the grantee and the grantor, but that consideration need not be money.

Answer is (D)
71. Generally, a land surveyor appearing as an expert witness may expect the initial questions to involve which of the following?

(A) The surveyor's relationship with the defendant
(B) The name of the client and the nature of the work don
Solution: In order to establish the credibility of the testimony, the initial questions commonly pertain to the surveyor's experience and qualifications.

Answer is (D)
70. Which of the following statements describes something a surveyor should not do while testifying as an expert witness before the court?

(A) Examine pertinent maps, field notes, and photographs
(B) Discuss opposing viewpoints regarding
Solution: A decision on the central question of the case is the exclusive purview of the court, not the expert witness.

Answer is (D)
2. When the public good is involved and adequate compensation is offered, pri property may be taken for public use under what principle?

(A) Estoppel
(B) Entitlement
(C) Oyer
(D) Eminent domain
Solution: Eminent domain is considered to be the assumption of dominion over private property by the state. It is one of the few limitations on a fee simple

Answer is (D)
62. Title to land may be gained or lost by the action of water. What sort of change may cause a riparian owner to gain land?

(A) Land built by accretion belongs to the riparian owner.
(B) Land deposited by avulsion belongs to the riparian
Solution: Even if the state is considered to own the bed of a stream, in most jurisdictions the riparian owner may nevertheless acquire land by accretion. The alluvium that is gradually deposited by the natural action of water is gained by the owner of the land to which it attaches.

Answer is (A)
61. Which of the following terms most accurately describes the rights along the shore of a pond, lake, or sea?

(A) Riparian
(B) Batture
(C) Thweat
(D) Littoral
Solution: Littoral is the word most often used to describe rights associated with water that is not flowing. The word usually pertains to the seashore, but is also used regarding lakes and ponds.

Answer is (D)
50. Mr. Holland sold the east 325 ft of the Fairview Tract to Mr. Clark by deed dated Oct. 12, 1988. Mr. Holland then sold the west 325 ft, of the Fairview Tract to Mr. Brown by deed dated Jan. 29, 1990.

A new survey finds that the distance be
Solution: Mr. Clark has senior rights and receives the east 325 ft. Mr. Brown receives the remaining 320.00 ft. Proportionate measure is not applicable in such circumstances

Answer is (D)
26. Under which conditions is a person immune from claims of adverse possession?

(A) Lack of knowledge that property is being occupied by others
(B) Insanity
(C) Being underage
(D) Both B and C
Solution: The premise of open and notorious possession is that the record owner should know that the property is being occupied by others. Insanity and being underage are recognized as disabilities (along with conviction to prison, in most jurisdictions).

Answer is (D)

72. Which of the following elements that can control the location of land boundaries is usually considered the most important when found to be in conflict with the others?

(A) A senior rig
Solution: Generally, an unwritten right of occupancy that has duly ripened into a legal right is considered superior to all others, including senior rights and writings. However, it is difficult for a right of occupancy to so ripen.

Answer is (D)
33. Which of the following will not extinguish an easement appurtenant that was acquired in writing?

(A) Overburdening
(B) Combination of the tenements in one proprietor
(C) Written intent to abandon
(D) Revocation by the granto
Solution: All the answers except (D) will extinguish an easement because a written easement is not a revocable right in property.

Answer is (D)
75. Monuments sometimes cannot be conclusively proved or disproved. In such circumstances, a monument may be accepted by reputation. What is the term used to describe such a monument?

(A) A monument of common report
(B) A monument by info
Solution: A monument of common report is one that is supported by hearsay evidence. The acceptance of such a monument can only be considered reasonable when the monument cannot be conclusively proved or disproved by any other means. In other words, it should be a rule of last resort.

Answer is (A)
23. Several doctrines such as adverse possession and recognition and acquiescence may, through various means, become fee interests. Which statement correctly represents the priority of these unwritten rights in the order of importance of conflicting titl
Solution: Answer (B) is definitely untrue because government and quasi-government entities are generally held immune to any claims by unwritten means. However, rights in property acquired by deed are inferior to successful claims through unwritten means. Registration in the Torrens title system is one way a property owner can protect by deed his property from future claims by such means.

Answer is (D)
34. An implied easement arises from which of the following circumstances;

(A) A grantor mentions such an easement in the deed.
(B) Although unwritten, it is necessary for the reasonable use of the property
(C) A claimant acquires the
Solution: This type of unwritten easement most frequently arises when a grantor sells a portion of his property without mentioning an easement that is clearly required for the reasonable use of the parcel sold. Even though the deed makes no reference to the easement, it is presumed to exist by implication.

Answer is (B)
7. Which of the following is a revocable right in real property?

(A) An easement
(B) A license
(C) Alien
(D) An escheat
Solution: A license, such as a privilege to enter, is nonpossessory and revocable. One of the salient differences between a license and an easement is the license's revocability.

Answer is (B)
59. Which of the following terms best describes the deepest or most navigable part of a river channel?

(A) The mean high water mark
(B) The thread
(C) The batture
(D) The thalweg
Solution: The line connecting the lowest part of a valley and the deepest part of a river is known as the thalweg. The term is also used to denote the middle of the main navigable channel.

Answer is (D)
64. A particular navigable stream has been meandered; the meander line has been in place for 75 years. Recently, the amount of water flowing through the channel of the stream has gradually decreased from natural causes. All indications are that the reduc
Solution: In the majority of jurisdictions the riparian owner holds the relicted land to the new mean high water line. He does not hold to the old or a new meander line. Meander lines are not intended to be property boundaries.

Answer is (D)

54. Which of the following statements regarding reliction is not correct?

(A) Reliction is the uncovering of land by the recession of water.
(B) Reliction is the sudden and permanent withdrawal of a sea, river
Solution: Reliction is a slow and imperceptible recession of water and the attendant uncovering of the land once submerged. The recession of the water must be permanent to be considered reliction.

Answer is (B)
25. One of the following terms is very similar to adverse possession. It applies to rights acquired by continuous use of another's property that is open and notorious, hostile, and for a statutory period. However, it differs from adverse possession in th
Solution: While it frequently has a larger meaning, prescription is the term most often applied to nonownership rights. Adverse possession, however, applies to the title to lands.

Answer is (D)
35. An easement in which the owner of the servient estate is prohibited from building any structure over 100 ft high would be called which of the following names?

(A) A negative easement
(B) A quasi easement
(C) An easement of natura
Solution: A negative easement has the effect of preventing an owner of land from doing something that he or she would otherwise be entitled to do.

Answer is (A)
5. The term fee simple absolute describes a type of estate in real property. Which phrase defines the idea further?

(A) Subject to the condition that if something specified comes to pass, the
original grantor may reenter and retake the t
Solution: For all practical purposes, the fee simple absolute is the greatest available interest in real property.

Answer is (D)
29. The term tacking is sometimes applied in cases of adverse possession. Which of the following best defines this term?

(A) Neglecting to assert a right to the land in question
(B) Seeking the permission of the record owner to occupy lan
Solution: Tacking, the adding together the time of occupation of more than one claimant is sometimes permitted in order to complete the statutory period.

Answer is (D)
1. A grantor and grantee are in the closing stages of the transfer of real property third party holds a grant that will be delivered only when all of the conditions the transfer are complete. Which of the following terms describes the third party?
Solution: The grantor places the deed with an escrow agent to be held until all conditions of the sale contract are fulfilled.

Answer is (B)
40. Which of the following statements is inconsistent with the definition of an easement?

(A) An easement is a fee interest in land.
(B) An easement is defined for specific uses.
(C) An easement is a nonpossessory interest in land.
Solution: An easement is a nonpossessory interest in the land of another, and as such cannot be considered a fee interest in land.

Answer is (A)
27. A person may lose property he might otherwise own if a court finds that he acquired it by implying a boundary to be correct when he knew, at the time, that it was wrong. Which of the following terms applies to this situation?

(A) Quiet tit
Solution: If a person becomes injured by relying on a boundary because of the assurances of someone he had reason to believe spoke with authority, the doctrine of estoppel may become involved. The relied upon person may be estopped from any gain he enjoyed if he had knowledge of the truth and did not reveal it.

Answer is (B)
37. Which statement correctly defines the difference between a common law dedication and a statutory dedication?

(A) A common law dedication of a street can occur without writing or a map, while statutory dedications do not.
(B) A common
Solution: Generally, a statutory dedication is accomplished with the filing of a map that shows the areas dedicated for public use. A common law dedication requires no map or writing and grows from the intention of the owner, indicated by words or acts, to dedicate the land for public use. Both types of dedications may be formally accepted. Common law dedications generally convey an easement right to the public statutory dedications may or may not convey a fee.

Answer is (A)
32. Which statement correctly defines the difference between an easement appurtenant and an easement in gross?

(A) An easement appurtenant is an interest in the land of another; an easement in gross is not.
(B) An easement in gross is at
Solution: An easement appurtenant is attached to the land. An easement in gross, on the other hand, is attached to the person or corporation that holds it.

Answer is (D)
60. Which of the following statements concerning meander lines is true?

(A) A meander line defines the property boundary of the upland owner abutting a navigable waterway, unless there are specific legal provisions to the contrary.
(B) A
Solution: The meander lines established by public land surveys were intended to follow the mean high water line and were not intended to establish the legal boundaries of the abutting upland owners.

Answer is (B)
43. The exact width of streets as shown on a duly recorded subdivision plat governs their location. Except where original monuments set by the original surveyor indicate otherwise, an excess or deficiency in the measurement of adjoining blocks should not
Solution: The weight of most common law supports the idea that proportionate measurement should not be used to determine the width of rights of way. Infrequently, index corrections are used in reestablishing streets, but these are exceptions to the rule.

Answer is (C)
58. Which of the following terms applies to land formed by sediment laid down by the action of water, such as that resulting from a slowing of the current of a stream or river?

(A) Accretion
(B) Ambit
(C) Littoral
(D) Alluvium
Solution: The action that causes the building of land along a water boundary is known as accretion. The land built by such action is known as alluvium.

Answer is (D)
77. A deed describes a lot that is shown on a recorded plat showing 1 in. iron pipe monuments set at each corner. However, the description in the deed makes no mention of the iron pipe monuments and describes the boundary lines only by bearings and dista
Solution: The 1 in iron pipe monuments should be held as controlling if the parties to the deed acted with specific reference to the plat. If the deed mentions the plat in the writings, the plat becomes part of the deed, and the monuments may then be said to have been called for. If they are undisturbed, called for, and identifiable, they are superior to the informative bearings and distances.

Answer is (D)
73. Between two private owners of sequential conveyances, which of the following would most likely control if their deeds contain conflicting elements?

(A) A call for a particular distance along a boundary
(B) A call for a particular dire
Solution: The junior deed will generally yield to the senior deed where there are no unwritten rights of possession. The seniority of one deed over another will overcome all other conflicts between the two deeds in most situations.

Answer is (D)
4. Which of the following terms includes unpaid taxes, mortgages, easements, leases, and liens?

(A) Pedis positio
(B) Escheat
(C) Disseisin
(D) Encumbrances
Solution: In real property, an encumbrance is a right or interest in the land of another that diminishes its value, but not to the extent that the land cannot be sold.

Answer is (D)
57. Which of the following terms applies to the action of water gradually building up sand and soil and the subsequent formation of firm ground?

(A) Revulsion
(B) Dereliction
(C) Erosion
(D) Accretion
Solution: Accretion is the gradual and imperceptible process of building up new land by the action of water.

Answer is (D)
The following three problems refer to the Fairview Tract, described as follows.

Mr. Holland owns a parcel of land known as the Fairview Tract. The Fairview Tract has been platted and recorded as a square parcel, with each side 650.00 ft long a
Solution: Proportionate measurement has no place in the solution of this situation. Senior and junior rights are the deciding factors. Mr. Clark's property is senior to Mr. Brown's. If no lines of possession are involved, Mr. Clark would receive the east 325 ft. Mr. Brown's deed calls for Mr. Clark's property as an adjoiner, so the weight of court opinion would hold that Mr. Brown would acquire the remaining 330.00 ft of the Fairview Tract.

Answer is (C)
17. The intentions of the parties are considered to be the controlling consideration in construing the terms of a deed. Which of the following limits this principle?

(A) To the extent that the intentions can be understood from the language of
Solution: If the language of a deed is unambiguous under the rules of construction brought to bear by the court, evidence of a contrary intent is often considered immaterial. The intent that prevails is the intent expressed in the written language of the deed.

Answer is (A)
15. A call for an adjoiner is sometimes given which of the following names?

(A) Dominant tenement
(B) Reservation
(C) Record monument
(D) Tacking
Solution: An adjoining property, whether marked by physical monuments or not, becomes a record monument when called for in a description of property. It is important to note that the entire adjoining property, and not merely the coincident line, constitutes the record monument.

Answer is (C)
51. Mr. Holland sold the east 325 ft of the Fairview Tract to Mr. Clark and the west 325 ft to Mr. Brown by the same deed dated July 2, 1998. The distance measured between the SW corner and the SE corner of the Fairview Tract is 658.24 ft. What distance
Solution: Proportionate measurement is appropriate in this situation. The critical factor is the simultaneous execution of the deeds to Mr. Brown arid Mr. Clark. They each will receive half of the measured frontage: 329.12 ft.

Answer is (A)

67. The testimony of a licensed land surveyor is generally held by courts to be expert. What distinction is afforded such testimony?

(A) Expert testimony need not be given under oath.
(B) Expert testimony normally giv
Solution: The expression of opinion is generally more restricted in testimony that is not considered expert.

Answer is (B)
55. Which of the following rights is related to the bank of a stream, river, or other body of flowing water?

(A) Reversionary rights
(B) Littoral rights
(C) Meander rights
(D) Riparian rights
Solution: Along streams and rivers, abutting owners are entitled to riparian rights, which originated in common law. The precise nature of these rights varies from jurisdiction to jurisdiction, but is generally related to the use of the water, as well as the banks and bed, of a stream.

Answer is (D)
63. Title to land may be gained or lost by the action of water. What sort of change may cause a riparian owner to lose land?

(A) Title to land that is cut off from a riparian owner by the sudden shift of the channel of a river is lost by that
Solution: A riparian owner may lose title to land that gradually becomes eroded or permanently inundated with water. lf the change is sudden, however, the title will not change.

Answer is (B)

41. Proportionate measurement may be described as an even distribution of a discovered excess or a deficiency of measurement to all parts of an established line. This procedure can be further defined by which of the following st
Solution: Proportionate measurement is a last resort in the restoration of lost monumentation where no parcel has priority over any of the others under consideration.

Answer is s (D)
79. In retracing a particular boundary, a surveyor found three monuments that all purported to stand for the same corner. One of the monuments fell at the bearing and distance called for in the client's deed. Another was precisely the monument called for
Solution: The senior right of the adjoining deed should not be violated. The monument called for in the senior deed is most likely the correct position.

Answer is (A)
74. Which of the following elements that can control the location of land boundaries is usually considered the least important when found to be in conflict with the others?

(A) A call for distance
(B) A call for an artificial monument
Solution: The area described in a deed is usually considered the least specific element of the title and therefore the least locative.

Answer is (D)
38. Which of the following describes a situation in which an easement right cannot, arise'?

(A) Easements can be created to protect a property's access to sunlight.
(B) A way of necessity may be created when property is conveyed without a
Solution: All the statements may produce easement rights except the one re adverse possession. Adverse possession, where successfully claimed, pro a, fee simple absolute, not an easement, in most jurisdictions.

Answer is (D)
16. The four corners rule is sometimes used in the interpretation of ambiguous deeds. Which statement best characterizes this rule?

(A) The granting clause may not be repugnant to the habendura clause.

(B) The deed description must
Solution: The four corners rule has supplanted, to a large degree, the repugnancy doctrine. The four corners rule relies upon the entire instrument for the construction of its meaning. Formerly, some jurisdictions relied upon the idea that earlier language in a deed could not he contradicted by later language in the same instrument.

Answer is (C)
30. Which of the following elements is not required of a claimant to title by adverse possession?

(A) Hostility
(B) Open and notorious possession
(C) Possession for the statutory period
(D) Color of title
Solution: While color of title may shorten the length of the statutory period, it is not generally held as a requirement for a successful claim of adverse possession.

Answer is (D)
22. Mr. Zambezi engaged a surveyor to stake the boundary of a parcel of land. He told the surveyor that he had adversely possessed the parcel for the past 11 years. The Surveyor asked him if he had occupied the land under color of title. Mr. Zambezi answ
Solution: Adverse possession is possession that is hostile to the interests of the record owner. Permission given by the owner to Mr. Zambezi not only calls into question the hostility of the latter's claim, but also shows that Mr. Zambezi recognizes Mr. Wannamaker's proprietorship.

Answer is (D)
69. A surveyor has been hired as an expert witness in an action to quiet title and will be paid a fee. Which of the following would be inappropriate?

(A) The surveyor is asked the amount of the fee during cross examination.
(B) The court,
Solution: All of the aspects of the fee listed are entirely proper. It would be improper for the amount of the surveyor's fee to depend on the final decision of the court. The attorney performing the cross examination has the right to ask the surveyor about the fee.

Answer is (D)
19. Which statement best describes joint tenants?

(A) They can individually vest their interests in their own heirs and devisees.
(B) They have acquired their interests from the same conveyance.
(C) They can, upon the death of the ot
Solution: Unlike tenants in common, joint tenants do not hold an undivided interest in the property. They cannot devise their part to their heirs; rather, upon the death of a joint tenant, the survivors acquire the interest.

Answer is (D)
14. An inconsistency in an instrument that is not on its face and generally can be cured by outside evidence is given what name?

(A) Patent ambiguity
(B) Dormant obscurity
(C) Hearsay
(D) Latent ambiguity
Solution: Unlike a patent ambiguity, which appears on the face of a deed, a latent ambiguity appears only in the light of information outside the deed itself. A court will generally allow a latent ambiguity to be cured by testimony, unlike a patent ambiguity.

Answer is (D)
12. Which statement is true about a deed?

(A) A deed is proof of ownership of real property.
(B) A deed is the only legal method of conveying real property.
(C) A deed must be signed by the grantee to be valid.
(D) A deed must
Solution: A deed is evidence of, but not proof of, ownership. A deed is only one of several legal methods by which title to real property may be conveyed. It need not be signed by the grantee or the county clerk, but it must be signed by the grantor to be valid. A deed must have sufficient and legal words.

Answer is (D)
24. One necessary aspect of an adverse claim, sometimes said to be the essence of adverse possession, does not imply ill will. However, it indicates that the claimant denies all other claims on the property, including those of the actual owner. Which of
Solution: Hostility in cases of adverse possession is generally manifested by such things as the erection of fences. The intent to claim and defend ownership against all others constitutes hostility in such circumstances.

Answer is (C)
31. Gonzaga Street has not been used for 40 years. All evidence of pavement and curbs has vanished. While it still shows up on old plats of the town, the street has generally been forgotten. Essie Palisco wants her surveyor to tell her if she may extend
Solution: A right of way is not extinguished by mere nonuse. The town must officially declare it abandoned or discontinued for the right of way to be truly extinguished.

Answer is (C)
21. Which statement correctly describes the difference in two doctrines regarding practical location of boundaries?

(A) Recognition and acquiescence differs from a parol agreement in that the former rests on an implied agreement and the latter
Solution: None of the doctrines mentioned is a violation of the Statute of Frauds. The practical location of boundaries is not seen as changing established property lines by unwritten means, but rather as a clarification of their location when it is unknown to the parties involved, in most cases.

Answer is (D)
56. Avulsion is best defined by which of the following statements?

(A) Avulsion is the process that gradually builds up alluvion.
(B) Avulsion is the rapid erosion of a shore.
(C) Avulsion is the sudden removal of land from one owner
Solution: Avulsion is a sudden, perceptible loss or addition of land caused by the action of water. An example of avulsion is when a river suddenly breaks its banks and forms a new channel, thereby cutting off a large portion of land.

Answer is (D)
66. Coastal areas that experience one high tide and one low tide during a tidal day are said to have what type of tides?

(A) neap tide
(B) Retrograde tide
(C) Diurnal tide
(D) Semidiurnal tide
Solution: A diurnal tide is one that recurs daily. Along the Atlantic coast, the two daily high tides and two daily low tides are much alike and are called a semidiurnal tide.

Answer is (C)
13. Why is an ambiguity in a deed generally construed in favor of the grantee?

(A) The court presumes that the grantor was responsible for the language of the deed.
(B) The grantee does not sign the deed.
(C) Grantees have no title
Solution: Occasionally, courts hold an ambiguous deed against the grantee in cases involving oil leases, for example. Generally, the grantor is presumed to have been responsible for the wording of the instrument. It is therefore considered equitable to hold any patent ambiguity against the grantor.

Answer is (A)
68. A land surveyor may take testimony. In which of the following situations may a licensed land surveyor find such authority useful?

(A) The establishment of the age of a fence
(B) The drafting of a property line agreement between adjoin
Solution: It would not be useful to attempt to resolve a patent ambiguity in the language of a deed with testimony. Since a contradiction cannot normally be cured by testimony.

Answer is (D)
11. There is one category of deed that does not imply that the grantor has title to the property, yet does pass any title the grantor may have. The grantor of such a deed will defend against any defects in that title that may have arisen through him, but
Solution: The quitclaim deed acts like a release. It conveys any interest the grantor may have, though the grantor may, in fact, have none at all.

Answer is (A)
3. What type of evidence is usually not admissible in court to cure a patent ambiguity in an instrument?

(A) Parol evidence
(B) Evidentia
(C) Ewage
(D) Parole evidence
Solution: Spoken evidence, or parol evidence, is not usually admissible in court to cure a patent ambiguity in a deed because it would violate the Statute of Frauds.

Answer is (A)
65. To accurately determine mean high tide, how long must a given station be monitored?

(A) I year
(B) 19 years
(C) 6 months
(D) I week
Solution: A full 18.6 years is required for the relative positions of the sun, moon, and earth to be repeated. This tidal cycle is often rounded off to 19 years. To obtain the correct mean high tide at a given station, that station should be monitored for the full period. However, such monitoring is normally not practical.

Answer is (B)
42. In which of the following situations would the stated conditions definitely exclude proportionate measurement from the possible solutions?

(A) The discrepancy between a retracement and the record length of a line was found to be attributab
Solution: Proportionment is not applicable to sequential conveyances. It should not be used to distribute excesses or deficiencies that are attributable to mistakes, and should always be a rule of last resort.

Answer is (D)
10. Which of the following terms applies to a written instrument that appears to convey title to real property, but actually does not?

(A) Quitclaim deed
(B) Indenture
(C) Deed of gift
(D) Color of title
Solution: An instrument that, despite its appearance to the contrary, conveys no title is said to show color of title. It cannot be so defective, however, that a person of ordinary capacity would be misled by it. Color of title has an effect in claims of adverse possession in most states. It can shorten the length of the required statute of repose when it is possessed by the claimant.

Answer is (D)
9. Which term applies to the land over which an appurtenant easement passes?

(A) Dominant estate
(B) Incorporeal tenement
(C) Servient estate
(D) Fee tail
Solution: The servient estate is subject to rights such as ingress and egress to the dominant estate. The dominant estate is served by the servient estate.

Answer is (C)
18. Which phrase is a reversion?

(A) Land gradually uncovered by receding water
(B) A clause in a deed that excludes a portion of the estate that would otherwise pass
(C) Land described in a deed that is not owned by the grantor
Solution: A reversion is the residue of an estate that remains with the grantor. This type of future interest usually relies on the occurrence or nonoccurrence of some specified event. For example, a life estate may revert to the grantor upon the death of the grantee.

Answer is (D)
76. Which statement is most correct regarding the relative importance of measured distances as compared to measured directions when resolving conflicting title elements?

(A) Direction is superior to distance.
(B) Distance is superior to d
Solution: There is no consistent rule from jurisdiction to jurisdiction concerning whether distance should yield to direction or vice versa. In sectionalized lands, distances have generally been held as superior to direction, but in Texas and Kentucky, the opposite has generally been the case.

Answer is (C)
20. Which statement is true of a general warranty deed?

(A) The grantor warrants the title only against acts of the grantor's own volition.
(B) The grantor limits the warranty to a five year period.
(C) The grantor must make good on
Solution: Under a general warranty deed, the grantor is liable for any defects in the conveyed title, no matter when they occurred.

Answer is (C)
78. What is the fundamental principle behind the preference for one title element over another? For example, why are found original monuments generally preferred over a call for the measured distance between the monuments when they are in conflict?
Solution: While common law does tend to support a particular ranking of conflicting title elements, such an order of importance should not be followed slavishly. Extrinsic evidence to the contrary should be considered. The written elements of a deed are important, but properly ripened unwritten rights may defeat them.

Answer is (A)
8. When an owner dies without will or heir, the state becomes the proprietor under which feudal doctrine?

(A) Escheat
(B) Escobedo rule
(C) Massachusetts rule
(D) Loquela
Solution: When no one is available to inherit the estate of a property owner who has died intestate, escheat is exercised. The property reverts to the state.

Answer is (A)

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