In California, a title insurance company is underwriting a policy and discovers a conflict in a metes and bounds legal description between a distance measurement and a natural monument (a creek). Under California Civil Code §1092 and California title practice, which takes priority?
Correct Answer
C) The natural monument, because monuments take priority over courses and distances
Under California law and the established hierarchy of calls in a legal description, natural monuments have the highest priority, followed by artificial monuments, then courses (compass bearings), then distances, and finally area (quantity). When a conflict exists, the natural monument controls over the stated distance.
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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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