In California, a surveyor discovers that two adjacent properties have conflicting legal descriptions — both deeds claim a 10-foot strip. Under California Code of Civil Procedure §760.010 (quiet title) and California's hierarchy of calls, which evidence would a court MOST likely rely on to resolve the boundary dispute?
Correct Answer
B) The original survey monuments and markers, along with the recorded plat or tract map filed under the Subdivision Map Act
Under California law and the established hierarchy of calls, courts give highest priority to natural monuments, then artificial monuments (survey markers, iron pins), then courses and distances, and finally area. The original survey monuments and recorded plat or tract map are the most authoritative evidence. A quiet title action under CCP §760.010 would rely on this evidence.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.
Spot zoning is an illegal or improper rezoning of a small parcel of land that is inconsistent with the surrounding zoning and the comprehensive plan. It benefits an individual owner rather than the community as a whole.
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