FUNDAMENTAL SURVEYING Land Boundaries and Property Law 2 — Questions and Answers
Question 1: What is an 'easement' in property law?
- Ownership of a strip of land
- A right to use another's land for a specific purpose (Correct answer)
- A lien on a property
- A lot size restriction
Correct answer: A right to use another's land for a specific purpose
An easement grants the right to use another party's land for a defined purpose (e.g., access, utilities) without conferring ownership.
Question 2: What is a 'deed of dedication' in the context of a subdivision plat?
- A deed transferring private ownership to an individual buyer
- A legal instrument by which the developer offers streets and public areas to the government (Correct answer)
- A document listing all parcel owners
- A title insurance policy
Correct answer: A legal instrument by which the developer offers streets and public areas to the government
A deed of dedication transfers ownership of streets, parks, and common areas from the developer to the governmental entity upon plat approval.
Question 3: The term 'riparian rights' refers to:
- Rights to use mineral resources below the surface
- Rights of landowners whose property borders a natural waterway (Correct answer)
- Air rights above a property
- Rights to access public roads
Correct answer: Rights of landowners whose property borders a natural waterway
Riparian rights are the rights of landowners with property adjacent to a stream, river, or other natural water body to use that water.
Question 4: In a metes and bounds description, what does 'thence' mean?
- A distance measurement
- A directional word meaning 'from that point, proceed in the following direction' (Correct answer)
- A reference to a monument
- A legal qualification on the deed
Correct answer: A directional word meaning 'from that point, proceed in the following direction'
'Thence' is a directional term in legal descriptions meaning 'from the last-described point, go in the direction now stated.'
Question 5: What is the 'point of beginning' (POB) in a metes and bounds description?
- Any corner of the parcel
- The specific starting point from which the boundary description begins and must close (Correct answer)
- The center of the parcel
- The surveyor's instrument setup location
Correct answer: The specific starting point from which the boundary description begins and must close
The POB is the precisely identified starting point of the metes and bounds description; the boundary must return to this point to close.
Question 6: Which legal doctrine can establish a prescriptive easement over private land?
- Open, notorious, hostile, and continuous use for the statutory period (Correct answer)
- Payment of property taxes by the user
- Written permission from the landowner
- Recording a plat
Correct answer: Open, notorious, hostile, and continuous use for the statutory period
A prescriptive easement is acquired through open, notorious, hostile (without permission), and continuous use of another's land for the statutory limitation period.
FUNDAMENTAL SURVEYING Land Boundaries and Property Law 2
What is an 'easement' in property law?