A California deed states that a parcel contains '2.5 acres,' but the metes and bounds description in the same deed actually encompasses 2.8 acres. Under the California common-law hierarchy of calls applied by California courts and title practice, which element controls?
Correct Answer
A) The written legal description (metes and bounds boundary lines) controls over the stated area
California courts apply the common-law hierarchy of calls to resolve conflicts within a deed. Under this hierarchy, natural monuments rank highest, followed by artificial monuments, then courses and distances, and finally area or quantity. Area is the least reliable element because it is typically calculated from the boundary description rather than independently established. When the metes and bounds description and the stated acreage conflict, the boundary description controls. This principle is consistently applied by California title companies and confirmed in California case law interpreting deed conflicts.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
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