A recorded metes and bounds description for a California property uses a large oak tree as a natural monument to establish one boundary corner. The tree is destroyed in a wildfire. Under California law, what is the legal effect on the property's boundary?
Correct Answer
A) The boundary remains fixed at the location where the monument stood, which can be reestablished through survey evidence and historical records
Under California law, the destruction of a natural monument does not extinguish or relocate the boundary it established. The boundary remains fixed at the location where the monument existed. A licensed land surveyor can reestablish that location using survey evidence, historical records, adjoining deed calls, and field evidence of the former monument's position. Government Code §27550 authorizes the county surveyor to conduct surveys to reestablish boundaries. If a dispute arises, a quiet title action under Code of Civil Procedure §760.010 can judicially confirm the boundary. The monument's physical destruction affects only the physical marker, not the legal boundary it defined.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
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.
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