A description calls thence along the centerline of Mill Creek. What type of reference does that quoted call use, without deciding any boundary conflict?
Correct Answer
B) A natural monument as the boundary
The stated call follows the identified creek centerline, a natural feature used to describe the boundary. It does not itself specify a bearing/distance or establish legal priority over conflicting evidence. Actual watercourse changes, boundary location and rights require appropriate survey and legal information.
Why This Is the Correct Answer
Option B is correct because a call along the centerline of Mill Creek uses a natural feature, the creek, to describe the boundary, which makes it a natural monument. Early metes and bounds descriptions often referred to physical features such as rivers that bounded the property. The call does not state a bearing or distance.
Why the Other Options Are Wrong
Option A: A course and distance measurement
Option A, a course and distance measurement, is wrong because the call gives no bearing or distance; it follows a physical feature instead.
Option C: A recorded plat reference
Option C, a recorded plat reference, is wrong because the call does not refer to a lot, block or recorded map; it refers to a creek.
Option D: The government survey grid
Option D, the government survey grid, is wrong because the call does not cite a township, range or section; it follows a natural watercourse.
Nature made it, monument
If the call follows something nature created, such as a river, creek or ridge, it is a natural monument.
How to use: Use this when a legal description references a physical feature.
Exam Tip
Identify what the call refers to: a feature, a measurement, a plat or a survey grid.
Common Mistakes to Avoid
- -Confusing a natural monument with a course and distance call
- -Assuming the creek's current location matches the deed
- -Deciding boundary priority without survey or legal input
Concept Deep Dive
Analysis
This question tests identification of the type of reference in a legal description call. A call along the centerline of a creek refers to a natural physical feature. Classify the reference without deciding which evidence controls in a boundary conflict.
Background Knowledge
Metes and bounds descriptions use courses, distances and monuments, which can be natural features like creeks or artificial markers like iron pins. Watercourses can move over time, so boundary location and rights may require survey and legal analysis.
Real-World Application
An appraiser reads a rural deed that runs along the centerline of a creek. Noting the creek has shifted over the years, the appraiser recommends a survey to confirm the boundary location.
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