In a boundary dispute filed in early 2026, a deed for a rural tract stated that the parcel began at a stone monument, ran to a fence corner, then to the centerline of Mill Creek, and finally back to the point of beginning. The deed also said the tract contained '2.00 acres, more or less,' but a modern survey following those monuments enclosed 1.92 acres. Which element most likely controls?
Correct Answer
C) The monuments and boundary calls used in the description
Specific monuments and boundary calls usually control over a general statement of quantity, especially when the acreage is stated as 'more or less.' Because the survey follows the deed's named monument calls, those calls ordinarily define the tract even if the measured acreage differs slightly.
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Related Topics & Key Terms
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Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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