Real Estate Law 11th Edition By Jennings - Test Bank

Chapter 03 Extent of Real Estate Interests TRUEFALSE 1. Land ownership includes air rights and subsurface rights. (A) True (B) False Answer : (A) 2. Air rights and subsurface rights cannot be conveyed independently. (A) True (B) False Answer : (B) 3. Because a landowner owns the airspace above the land, air travel through that airspace is prohibited. (A) True (B) False Answer : (B) 4. A column lot is the space between the earth's surface and an imaginary plane 23' above the surface. (A) True (B) False Answer : (A) 5. Both air lots and column lots must be owned together (held by one owner). (A) True (B) False Answer : (B) 6. In condominiums, the owner really owns air space. (A) True (B) False Answer : (A) 7. The Doctrine of Ancient Lights has been adopted in the United States. (A) True (B) False Answer : (B) 8. Solar easements provide protection from obstruction of light and sunlight. (A) True (B) False Answer : (A) 9. A subsurface interest in land should include an easement or license for surface use for access. (A) True (B) False Answer : (A) 10. The Rule of Capture permits a party to draw all minerals from the subsurface - even those drifting in from adjoining properties. (A) True (B) False Answer : (A) 11. Oil and gas deposits follow clearly defined property boundaries. (A) True (B) False Answer : (B) 12. An oil and gas lease is a subsurface property right. (A) True (B) False Answer : (A) 13. In federal courts, geothermal energy is treated as a mineral. (A) True (B) False Answer : (B) 14. Riparian states are those states primarily east of the Mississippi. (A) True (B) False Answer : (A) 15. The Riparian Theory of water rights is one of first in time/first in right. (A) True (B) False Answer : (B) 16. The Riparian Theory applies only to those owning property abutting or touching the water body. (A) True (B) False Answer : (A) 17. The Prior Appropriation Theory requires the rights of all appropriators to be equal. (A) True (B) False Answer : (B) 18. Objects landing on another's property can constitute trespass. (A) True (B) False Answer : (A) 19. A public nuisance is one affecting an indeterminate number of people. (A) True (B) False Answer : (A) 20. If a party moves to the nuisance, he/she is are precluded from recovering. (A) True (B) False Answer : (B) 21. A private nuisance is not actionable (the affected party cannot successfully sue). (A) True (B) False Answer : (B) 22. The title to riverbeds is governed by either the Riparian Theory or Prior Appropriation Doctrine. (A) True (B) False Answer : (B) 23. A patron in a store is an invitee. (A) True (B) False Answer : (A) 24. A landowner owes the highest duty of care to licensees. (A) True (B) False Answer : (B) 25. The Rule of Capture protects landowners drilling from their property at an angle to another landowners' property. (A) True (B) False Answer : (B) 26. Some states have statutes prohibiting obstruction of solar collectors. (A) True (B) False Answer : (A) 27. Without a protective statute, the obstruction of a solar collector is governed by the doctrine of ancient lights. (A) True (B) False Answer : (A) 28. Water running from one landowner's property to another causing flooding is a trespass. (A) True (B) False Answer : (A) 29. Landowners are not responsible for injuries to others on their property. (A) True (B) False Answer : (B) 30. A permanent structure can be built solely in the air rights in a property. (A) True (B) False Answer : (A) 31. The right to a view has been protected since the common law developed in England. (A) True (B) False Answer : (B) 32. An easement protecting a view is an example of an air right. (A) True (B) False Answer : (A) 33. An example of a profit is the right to remove gravel. (A) True (B) False Answer : (A) 34. Planes cannot fly over property owned by others without an easement. (A) True (B) False Answer : (B) 35. Most states follow the Doctrine of Ancient Lights. (A) True (B) False Answer : (B) 36. The right to lights is governed by the same principles as air rights. (A) True (B) False Answer : (B) 37. Invitees are owed the highest degree of care by landowners. (A) True (B) False Answer : (A) 38. Landowners are strictly liable for criminal conduct of others that occurs on their property. (A) True (B) False Answer : (B) 39. The right to flight over property is given only by easement. (A) True (B) False Answer : (B) 40. Those who own subsurface rights have no responsibility to restore and repair surface damage. (A) True (B) False Answer : (B) 41. The airplane is part of the modern environment of life, and the inconveniences which it causes are normally not compensable under the Fifth Amendment. (A) True (B) False Answer : (A) 42. A property owner affected by the overhang can bring suit for a court order requiring the removal of the eaves or branches. (A) True (B) False Answer : (A) 43. A column lot and air lot cannot be conveyed together in a grant separate from the surface rights. (A) True (B) False Answer : (B) 44. The 59-story Met Life Building in New York is built only in the air lot above the surface. (A) True (B) False Answer : (B) 45. Oil and gas rights are always taxed as real property. (A) True (B) False Answer : (B) 46. Statutes protecting wind power are developing in a fashion similar to the early solar panel statutes. (A) True (B) False Answer : (A) 47. There is increasing litigation between states over water allocation. (A) True (B) False Answer : (A) 48. Landowners are liable for any injuries resulting from criminal acts committed on their property. (A) True (B) False Answer : (B) 49. If you move next to a nuisance, you are not entitled to any remedies for damages caused by the nuisance. (A) True (B) False Answer : (B) 50. The federal government has special funding programs available for developing geothermal energy resources. (A) True (B) False Answer : (A) 51. The issue of the right of way for drones has been resolved by the U.S. v. Causby decision. (A) True (B) False Answer : (B) 52. Drones have the right of way in the airspace. (A) True (B) False Answer : (B) 53. TDRs govern the rights to transfer air and column lots. (A) True (B) False Answer : (A) 54. The Energy Improvement and Extension Act extends solar tax credits through 2016. (A) True (B) False Answer : (A) 55. The trend in CC&Rs is to allow homeowners' associations greater authority in regulating solar devices. (A) True (B) False Answer : (B) 56. States are not permitted to require buffer zones for wind turbines. (A) True (B) False Answer : (B) 57. Fracking is not subject to a great deal of local or federal regulation. (A) True (B) False Answer : (A) 58. Fracking is subject to the Oil Pollution Act as well as CERCLA. (A) True (B) False Answer : (B) 59. Texas allows landowners to capture rainwater and retain title to it unless it enters the ground. (A) True (B) False Answer : (A) 60. Colorado does not allow landowners to capture rainwater for their use. (A) True (B) False Answer : (B) 61. A customer is an example of an invitee. (A) True (B) False Answer : (A) 62. Grocery store owners are required to periodically sweep their floors to protect customers. (A) True (B) False Answer : (A) 63. Landowners owe no duty of care to trespassers. (A) True (B) False Answer : (B) MULTICHOICE 64. ​A patron in a department store is: (A) ​A trespasser. (B) ​A licensee. (C) ​An invitee. (D) ​None of the above Answer : (C) 65. ​What remedies are available for nuisance? (A) ​Money damages (B) ​Ordering the nuisance creator to turn over title to his property (C) ​Ordering the nuisance creator to pay for the property of surrounding landowners (D) ​None of the above Answer : (A) 66. ​The doctrine of "moving to the nuisance" (A) ​Excuses the party creating the nuisance from any liability (B) ​Is inapplicable to residential developments (C) ​Applies only to public nuisances (D) ​None of the above Answer : (D) 67. ​Geothermal resources are: (A) ​Classified as minerals. (B) ​Classified as waters. (C) ​Either a or b (D) ​None of the above Answer : (C) 68. ​For an act of trespass to occur: (A) ​The trespasser must have entered the property with his body. (B) ​The trespasser must have caused some damage. (C) ​The trespasser must have committed some other wrong. (D) ​None of the above Answer : (D) 69. ​The column lot: (A) ​Is the airspace from the surface up to 23 feet. (B) ​Is the airspace above 23 feet above the surface. (C) ​Cannot be transferred. (D) ​None of the above Answer : (A) 70. ​The Rule of Capture: (A) ​Allows mining of resources not directly beneath surface owned property. (B) ​Allows limitless mining. (C) ​Does not apply to oil or gas. (D) ​None of the above Answer : (A) 71. ​The Doctrine of Ancient Lights: (A) ​Exists in England. (B) ​Exists in the United States. (C) ​Was adopted by statute in most states. (D) ​None of the above Answer : (D) 72. ​Which of the following is not characteristic of the Prior Appropriation Doctrine of Water Rights? (A) ​First in time/first in right (B) ​Must own land abutting or touching the body of water (C) ​Water can be used for natural and artificial purposes (D) ​Both b and c (E) ​All of the above are characteristic of prior appropriation Answer : (B) 73. ​To recover on a nuisance theory: (A) ​A landowner must establish physical entry of some tangible item. (B) ​A landowner must establish the conduct was intentional. (C) ​A landowner must establish damage. (D) ​None of the above Answer : (C) 74. ​To which of the following groups does a landowner owe the highest degree of care? (A) ​Trespasser (B) ​Licensee (C) ​Invitee (D) ​None of the above Answer : (C) 75. ​Solar easements: (A) ​Are illegal in most states. (B) ​Provide the easement holder with a right to light. (C) ​Exist because the U.S. follows the doctrine of ancient lights. (D) ​Both b and c (E) ​None of the above Answer : (B) 76. ​Which of the following rights cannot be conveyed? (A) ​Air rights (B) ​Mineral rights (C) ​Prior appropriation water rights (D) ​None of the above Answer : (C) 77. ​Jonas Smith owns a corner lot that the school children use continually as a short cut on their way to and from Jackson Elementary. Smith grew tired of seeing the diagonal path. He posted signs, which did not deter the children. He erected a gate which they climbed over. He then posted an attack dog at 8:00 a.m. and 3:00 p.m. A child who tried to pet the dog was mauled. (A) ​Smith is liable for the child's injuries. (B) ​The child was a trespasser and Smith is not liable. (C) ​The child was a licensee, but was warned, hence Smith is not liable. (D) ​None of the above Answer : (A) 78. ​A riparian: (A) ​Is a river. (B) ​Is a landowner of land along a waterway. (C) ​Is covered by the prior appropriation doctrine. (D) ​Both b and c (E) ​None of the above Answer : (B) 79. ​Which of the following is not a limitation on the rule of capture? (A) ​Unitization (B) ​Doctrine of correlative rights (C) ​Enhanced recovery operations (D) ​Sweeping (E) ​All of the above are limitations on the rule of capture Answer : (A) 80. ​In a mineral interest: (A) ​The owner owns both surface and subsurface rights. (B) ​The same interest as a profit a prendre is conveyed. (C) ​The surface and subsurface rights are severed. (D) ​A mineral royalty is also created. (E) ​None of the above Answer : (C) 81. ​Which of the following is not an underground water interest? (A) ​Aquifer (B) ​Percolating waters (C) ​Artesian waters (D) ​Navigable stream (E) ​All of the above are underground waters Answer : (D) 82. ​Rob and Cher Morgan own a single-story home in a subdivision in Chevy Chase, Maryland. Their neighbors who live behind them have nearly completed a renovation and remodeling project of their home whereby they will be adding a second story and attic space. The result is that the Morgans' backyard is under shade most of the day. Also, the Morgans feel their privacy is breached because, from the second story, all of the Morgans' backyard and windows are visible. (A) ​The Morgans have a right to light and could obtain an injunction against the second story. (B) ​The construction and renovation are a trespass to the Morgans' light. (C) ​Absent any state statute, the Morgans have no rights to stop the renovation and remodeling. (D) ​The neighbors' renovation is a nuisance for its interference with the Morgans' use and enjoyment of their property. Answer : (C) 83. ​Ari Pitt owns a home located next to a baseball park used by the Chicago Cubs for spring training. When Ari purchased his home, the baseball park was small stadium seating 500 with no lights for night games. The city expanded the ballpark last year and added lights. The park is used at night and also for concerts. Ari is kept awake until midnight when there are night games because of the lights and the clean-up crews following the games. When there are concerts, Ari is kept awake by the loud speakers for the music and has litter tossed in his yard by concert goers. Ari: (A) ​Has a cause of action in nuisance. (B) ​Has no rights because no one from the city has trespassed. (C) ​Has rights under the Doctrine of Ancient Lights. (D) ​Absent statutory protection, must live with the park and its operation. Answer : (A) 84. ​Pittsburgh Fuels (PF) has been drilling for oil near Lancaster, Pennsylvania. The wells have been productive. Fred Deutsch, a farmer with land next to the PF drilling area, has been able to detect a drill bit beneath the surface of his property. Farmer Deutsch: (A) ​Has no legal means to stop the drilling beneath his property. (B) ​Has no rights to the oil if Pennsylvania is a rule of capture state. (C) ​Has no rights if Pennsylvania is a Riparian state. (D) ​Can stop the drilling as a trespass. Answer : (D) 85. ​Ann Fleming's sprinkler system malfunctioned. As a result, the spray damaged her neighbor's car's paint. Ann's neighbor's best remedy is: (A) ​An action for nuisance. (B) ​Recover for Riparian violation. (C) ​An action for trespass. (D) ​Ann's neighbor has no legal remedy because it is an accident. Answer : (C) 86. ​The tax assessor for Los Angeles county wishes to tax The Shane Company, a jeweler that owns the air rights for its five story building above a theater on Wilshire Boulevard. The Shane Company insists that it owns no real property. (A) ​The assessor is correct; the air rights are a real property interest. (B) ​The Shane Company is correct; air is not a real property interest. (C) ​The air rights must be taxed as personal property. (D) ​The theater owns the air rights and should be taxed. Answer : (A) 87. ​Rick Morgan operates a ranch in a state that follows the prior appropriation doctrine. In 1886, his family had diverted water from the Cooley River to their ranch lands. The effect was that other properties located below Rick's had access to Cooley River water only during extremely wet seasons when Rick released excessive flow. The neighbors below Rick's ranch maintain Rick has taken a property right and they are owed compensation. (A) ​The neighbors are correct because diverting the water was a trespass. (B) ​The neighbors are correct because water must be allocated in a prior appropriation state. (C) ​The neighbors are incorrect and Rick has not violated their rights. (D) ​Both a and b Answer : (C) 88. ​Ellie Bernstein has a large oak tree on her property but the roots of the tree have grown into her neighbor's, Carl Ephron, property. Carl's septic system is being damaged by the roots. Carl: (A) ​Has no rights to stop the tree roots because of the rule of capture. (B) ​Can destroy the tree. (C) ​Is entitled to remedies for trespass. (D) ​Cannot seek remedies for trespass because Ellie did not enter his property physically. Answer : (C) 89. ​Anna and Beverly are neighbors. Anna has installed a series of solar collectors on the roof of her home. The collectors are positioned so that Anna obtains maximum efficiency in the use of the sun. However, Beverly has decided to plant several trees for backyard shade and within three years of planting, the now-tall trees are interfering with the collection of sunlight by Anna's collectors. (A) ​In the absence of any statutory protections or an easement, Anna has no rights for demanding removal of Beverly's trees. (B) ​Beverly has violated Anna's right to light and must move the trees. (C) ​Trees that block solar panels are a violation of federal law. (D) ​In the United States, the right to light does include protection for solar panels. Answer : (A) 90. ​Grimley Farms has been located on a 62-acre tract of land since, as near as the land documents reflect, the American Revolutionary War. In 1982, Marathon acquired three tracts of land surrounding Grimley Farms and began drilling for oil. Marathon hit a substantial oil find at an angle of drilling and began pumping. The pool of oil is located beneath Grimley Farms. The Grimley family has demanded the majority portion of the royalties from the sale of the oil captured by Marathon. Marathon claims it owns the oil. Which of the following statements is correct? (A) ​Grimley owns all of the rights to the oil. (B) ​In a nonownership state, Marathon owns all of the rights to the oil. (C) ​Marathon owns all of the rights to the oil in a Rule-of-Capture state. (D) ​Marathon needs a license or profit a prendre from Grimley to drill in a nonownership state. Answer : (B) 91. ​How have environmental concerns affected the prior appropriation doctrine? (A) ​The prior appropriation doctrine has not been changed or affected by environmental concerns because of its common-law status. (B) ​The prior appropriation doctrine is pre-empted by environmental laws. (C) ​Courts have been balancing environmental concerns with the prior appropriation rules on water ownership. (D) ​The U.S. Supreme Court has eliminated the prior appropriation doctrine under the Arizona v. Colorado decision. Answer : (C) 92. ​Jane Sisnic hired a landscaping company to design and install landscaping in her backyard. Jane's backyard consisted of about one acre, with one side bordering on her neighbor's property and the remaining two sides bordering on national forest property. Jane walked the chief designer for the landscaper around her backyard and showed him what she thought her property boundaries were. The landscaping company began its work and in the process of building the fence along Jane's neighbor's property destroyed shrubs that were actually on the neighbor's property, cut down two of the neighbor's trees, and damaged a portion of the neighbor's grass. Who is liable to the neighbors for the damages? (A) ​Jane is liable because of her failure to verify the boundaries of her property. (B) ​No one is liable - these things happen with neighbors. (C) ​Because the acts were unintentional, they did not constitute trespass. (D) ​The surveyor who originally marked the property is liable for the errors. Answer : (A) 93. ​The presence of overhead wires that are part of the transmission system of utilities has created questions about the safety of the presence of the resulting electromagnetic field. Several homeowners have filed suit seeking an injunction against the utility to have the overhead wires removed. Which of the following statements is correct? (A) ​If the wires present a safety danger, they are a public nuisance and should be enjoined. (B) ​If the wires were there before the homes were built, then the wires must remain. (C) ​If the wires do not affect the full community, they cannot be enjoined as a public nuisance. (D) ​The court must balance the need for the wires with the safety interests of the homeowners. Answer : (D) 94. ​Ann Headstrom would like to have an office in downtown Orange, California. However, there is no office space available and the ground level retail spaces have all been taken by antique shops. What suggestions could you offer to Ann for obtaining an office space downtown? (A) ​Purchase a column lot from one of the antique shop owners and build an office. (B) ​Seek eminent domain from the city to get her business substituted for one of the antique stores. (C) ​Purchase an easement lot. (D) ​Obtain a royalty interest. Answer : (A) 95. ​John Beck was injured at the Drive-Thru at Taco Bell when an impatient driver behind him fired his gun at John's car. When would Taco Bell be liable for John's injuries? (A) ​Taco Bell is always liable for John's injuries because he is an invitee. (B) ​Taco Bell would be liable if the firing of the shot was foreseeable. (C) ​Taco Bell would be liable if John was negligent. (D) ​Taco Bell could never be liable for John's injuries. Answer : (B) 96. ​LEED Certification: (A) ​Is an environmental certification for light environmental and ecological drilling. (B) ​Is an environmental certification for building design. (C) ​Applies only in Europe. (D) ​Is available for wind and geothermal projects. Answer : (B) 97. If a factory is ordered to be closed by a court because its emissions constitute a nuisance, the court has awarded: (A) ​Equitable relief. (B) ​A monetary award. (C) ​A remedy that is not available for nuisance. (D) ​An unconstitutional remedy. Answer : (A) 98. ​In the area between the public street and the wall of Arboleda, a gated community, the association for the community has planted citrus trees. During the months between November and March, the trees have ripe fruit (oranges, lemons, and grapefruit). A problem has developed with the occupants of passing cars stopping and picking the fruit from the trees. The association has a tree maintenance firm that maintains the trees in exchange for harvesting the fruit. The trees are located on property owned by the association, but, as noted. outside the wall. When the Arboleda security guard asked a passer-by to stop taking the fruit he said, "Hey, it's out here in the open, next to a public road, and it's not a yard. I have a right." (A) ​The passer-by is correct - public trees are fair game when it comes to their fruit. (B) ​​The passer-by is incorrect; he is trespassing because the trees and the fruit belong to the Arboleda association. (C) ​The passer-by has a right to the fruit because Arboleda has let others take the fruit. (D) ​The passer-by can take the fruit unless there is a sign posted. Answer : (A) 99. ​Fracking: (A) ​Is highly regulated by local laws. (B) ​Is regulated by the Oil Pollution Act. (C) ​Is regulated by CERCLA. (D) ​None of the above Answer : (D) 100. ​Joan Robertson is leasing her subsurface rights to Chevron. Chevron plans to start a fracking operation on her property. What additional rights will Chevron need? (A) ​Surface rights for equipment (B) ​Air rights so that Joan is not responsible for pollution (C) ​A permit under the Oil Pollution Act (D) ​None of the above Answer : (A) 101. ​With reference to #37, what would Chevron be liable for? (A) ​Nothing because Joan owns the property (B) ​The violations of federal law for the fracking operations (C) ​Damage to adjoining property (D) ​Failure to obtain federal permits Answer : (C) 102. ​Adam Riverton owns property in Texas. He has set up eight water tanks around his 40-acre ranch in order to capture rainwater for use in watering his horses and other animals. Which of the following statements is correct? (A) ​Under Texas law, he is not permitted to capture rainwater. (B) ​Under Texas law, he can capture rainwater if he has a permit. (C) ​Under Texas law, he can capture the rainwater, but loses title if it escapes into the ground. (D) ​None of the above Answer : (C) 103. ​Alberta Simpson purchased a home in a gated community with a swimming pool. Because of the loss of her job, Alberta was unable to make her payments. Unable to sell the home, Alberta walked away from the home and her mortgage. The bank has taken over possession of the home. However, the bank has not arranged for maintenance of the property. The swimming pool has become a breeding ground for mosquitoes and the county has had to post a warning notice on the front door for the neighbors to stay away from the property because of the risk for contracting the Nile virus from the mosquitoes. Which of the following statements is correct? (A) ​The bank is not liable for the damages caused by the pool and mosquitoes. (B) ​Alberta is not liable for the damages caused by the pool and mosquitoes if she has signed over title to the bank. (C) ​The problem of the mosquitoes does not rise to the level of being a nuisance. (D) ​There is not a remedy for nuisances on private property. Answer : (A) 104. ​Wal-Mart has submitted a proposal to federal and local authorities for the use of drones in Christmas package deliveries. Apart from the issue of air rights, what other landowner rights are affected by the presence of drones? (A) ​Right of privacy (B) ​Right to light (C) ​Trespass (D) ​None of the above Answer : (C) ESSAY 105. Smith has seen Jones' dog in his (Smith's) yard each morning. The dog leaves behind irritating matter. Smith wishes to know his rights. Graders Info : Jones is trespassing through the dog. Smith has a right to injunctive or monetary relief. 106. Margaret was shopping in a large grocery/department store when she slipped on some spilled dusting powder and fell, injuring her back. Margaret wishes to recover for her medical bills and her injury. What result? What further information would be helpful? Graders Info : Margaret is an invitee and is probably going to recover. Was there any warning sign? How long had the powder been there? What was the frequency of the store's clean‐up policy? 107. Farmer A has just discovered that there are large pockets of geothermal energy beneath his farm. A major corporation wishes to develop the resources. What words of caution can you offer to Farmer A? Graders Info : Farmer A should determine how such resources are classified in his state - water, mineral or neither. He should grant the right to develop cautiously, conveying only a profit a prendre and not full legal title. Extent of the interest and use of the surface should be made clear. 108. Resident A, a conscientious homeowner, lives next door to Resident B, who currently has 4‐foot tall weeds in his yard and keeps four monkeys as pets. The weeds have produced allergic reactions in A and her family. The monkeys swing from trees on both A's and B's properties. The monkeys are flea‐ridden, and A is concerned for her children's welfare. What rights does A have? Graders Info : An action in nuisance is appropriate. Further, the monkeys (and hence B) are trespassing. The severity of the harm in this case indicates A would win injunctive relief for removal of both the weeds and the monkeys. 109. A owns property adjoining a stream. B owns property downstream which is also adjoining. A currently uses the stream water for domestic and drinking purposes. B is a similar user. A would like to use the stream to irrigate a garden, but B would be deprived of water if A does so. Discuss the parties' rights under both the Riparian and Prior Appropriation Theories. Graders Info : Riparian - even though A's garden is a natural use, A cannot deprive B of water. Prior appropriation - A is free to go ahead and irrigate so long as he appropriates before B's use. 110. Lance has just purchased a home for $220,000 in a quiet subdivision of Dallas. Lance soon discovers that his neighbors have two sons, ages 16 and 18, who have car stereos and a significant number of friends. Each evening as the boys return home, their stereos are quite loud and the bass vibrations cause the windows in Lance's home to shake. Their returns are generally between midnight and 2:00 a.m., and Lance is losing sleep. He is quite irritable and not performing at his peak at work. Lance's neighbors are similarly disturbed by the boys' activities. What, if anything, can they do? Graders Info : This is a nuisance case in which the balancing tests are easy. The boys can turn down (or off) the stereos as they approach home and solve the problem. 111. Homeowner A owns a corner lot as shown below: The Xs on the left side represent shrubs that hang over the sidewalk. Pedestrians have complained of having to step into the street to walk by, and motorists claim they are blind-sighted by the shrubs. Can neighbors take any action? Graders Info : The remedy for overhang generally lies with adjoining landowners. A nuisance action could permit removal. There are very few interests to balance - safety would control. 112. Building Resources, Inc., is the manager for an apartment complex located in Baltimore, Maryland. Residents have complained about the presence of transients sleeping in the tenant's parking lot area and going through the complex's trash bins. Building Resources received notice from the city of Baltimore about the risks of allowing transients to remain on private property. The notice disclosed that crime, including assaults, increased with the lack of enforcement of trespass laws by owners. John Goodview, a resident of the Building Resources complex, was attacked and robbed by two transients as he walked from the parking lot to his apartment. Goodview suffered severe injuries and was off work for one month. Goodview wishes to know if he has any rights against Building Resources. Graders Info : Goodview is an invitee. Building Resources has a duty to warn Goodview of dangers and take steps to correct them. Building Resources knew of the problems with transients and took no steps to warn or protect its tenants. It would be liable to Goodview. 113. The Zuni Indians, as part of their religion, make a periodic pilgrimage at the time of the summer solstice, on foot or horseback, from their reservation in northwest New Mexico to the mountain area the tribe calls Kohlu/wala:wa, which is in northeast Arizona. The Zuni believe Kohlu/wala:wa is their place of origin, the basis for their religious life, and the home of their dead. The pilgrimage has occurred since the fifteenth century. The pilgrimage crossed over the rather large landholdings of Earl Platt. In 1985, Mr. Platt declared that he was going to prohibit the Zuni from crossing his lands during their pilgrimage. The United States government intervened in the dispute on behalf of the Zuni. A woman from St. Johns, Arizona (located in the northeast part of the state), has testified that she remembers watching the pilgrimage as a girl in 1938. Can Mr. Platt stop the Zuni? Do the Zuni have any rights? U.S. on Behalf of Zuni Tribe of New Mexico v. Platt, 730 F.Supp. 318 (D. Ariz. 1990). Graders Info : They have not acquired an easement because the use was not continuous for purposes of prescription rights. 114. Identify each of the following as a trespasser, licensee, or invitee. a. Paramedic b. Salesperson c. Meter reader d. Camper in a national park e. School children who regularly cut across property Graders Info : a. Either licensee or invitee, depending on state b. Licensee c. Either licensee or invitee, depending on state d. Invitee e. Licensees for failure to stop trespass 115. Evaluate this statement for its accuracy: "All landowners assume the risk of changes in the use of surrounding property." Graders Info : The statement is generally correct. The Fountainbleau case illustrates that there is some risk associated with the use of property by adjoining landowners. In the absence of deed restrictions, CCRs, or solar protection statutes, there is always a risk that the adjoining landowner would make some use of the property that interferes with view, light, shade, etc. However, if the use prevented development or use of surrounding property, the effect may be that a nuisance is created. 116. Ashland Farms operates a wind farm just outside of Palm Springs. Ashland has 400 turbines operating in the area and the winds find the turbines turning nearly round-the-clock. Next to the outer ring of Ashland turbines is a subdivision, a retirement community that finds retirees taking advantage of the Palm Springs winters and golf courses. Residents there are complaining because of the constant "whirring" noise that makes it difficult for them to sleep and often to hear radios, TVs, and computers. The subdivision was built one year after Ashland began construction of its turbines. The residents of the subdivision have filed suit. Discuss the rights of the residents and Ashland Farms. Graders Info : This is just a variation on the Del Webb case. A discussion of moving to the nuisance is important - Ashland was there first, but the operation was only just beginning. Retirement communities are important to Palm Springs' economic base. But, you also have a national and state movement toward development of alternative energies and the need for generating power with clean resources. The challenge in balancing here is much more difficult for the court because of the inability to make Ashland just move. Hours of operation restrictions might be a solution but you need to use the wind when it is blowing - there is no easy solution here and the court will have to weigh the relative inconvenience with the need for the power. 117. ​Bruce Rankin owns real estate in rural Platt County, Illinois, that is zoned for agricultural use. He has lived there since 1959 and operates a business from his house known as Williams Trigger Specialties. Rankin, a federally registered gunsmith, works on firearm firing mechanisms. ​Also located on the property, which has also been there since 1959, is a firing range. Rankin allows his friends to use the firing range in addition to using it himself. He does not permit strangers to use it. In the last several years, he has also permitted various law-enforcement agencies to use the range for training, practice, and qualification. The Champaign Police Department Strategic Weapons and Tactics (SWAT) team, consisting of 12 people, has used the range 10 to 15 times in the last year. Rankin has never charged a fee for use of the range. He has, however, considered putting his range to commercial use at some time in the future. Rankin is almost always present when the range is used by private individuals other than law-enforcement agencies. There has never been an injury or near injury or complaint to Rankin about the range or its use. The Kolstads and Hayses lived with the noise from the gunshots, but on October 4, 1988, they became alarmed when the new noise of rapid short bursts of gunfire sounded. Kolstad recognized the noise as the firing of automatic weapons. Both neighbors became concerned about their safety and filed suit for an injunction to halt the use of the property as a firing range. Should the court issue an injunction? Should it be an absolute prohibition on operation of the range or something less? Graders Info : The discussion should focus on nuisance, which can be noises as well as dangers. There should also be a discussion of how courts will try to balance interests, such as placing time restrictions on when the shooting can occur. The court might also require safety precautions, such as a fence or barriers. The commercial use could be a stretch in terms of the balancing rights, but the court has to consider the interests of the two property owners. There is also a moving to the nuisance issue. Chapter 07 Describing Land Interests TRUEFALSE 1. Prime meridians are placed every 24 miles. (A) True (B) False Answer : (B) 2. ​Baselines are placed every 24 miles. (A) True (B) False Answer : (B) 3. ​A township is six miles square. (A) True (B) False Answer : (A) 4. ​There are 36 sections in a township. (A) True (B) False Answer : (A) 5. ​There are 640 acres in a section. (A) True (B) False Answer : (A) 6. ​Townships are numbered according to their distance from guide meridians. (A) True (B) False Answer : (B) 7. ​The SE‐1/4 of the NE‐1/4 has 40 acres. (A) True (B) False Answer : (A) 8. ​Sections are numbered according to their distance from the guide meridians. (A) True (B) False Answer : (B) 9. ​A metes and bounds description requires an immovable starting point. (A) True (B) False Answer : (A) 10. ​A plat map must be recorded. (A) True (B) False Answer : (A) 11. ​A patent ambiguity is a mutual mistake of fact. (A) True (B) False Answer : (B) 12. A plat map shows the location of all easements. (A) True (B) False Answer : (A) 13. A plat map shows the dimensions of lots. (A) True (B) False Answer : (A) 14. ​A street address is a legally sufficient description. (A) True (B) False Answer : (B) 15. ​"All land but my spring" is a sufficient description. (A) True (B) False Answer : (B) 16. ​Baselines run north to south every 24 miles. (A) True (B) False Answer : (B) 17. Parallels are placed every 24 miles. (A) True (B) False Answer : (A) 18. Descriptions of property by popular name are always invalid. (A) True (B) False Answer : (B) 19. ​Oral evidence can be used to clarify a latent ambiguity. (A) True (B) False Answer : (A) 20. ​Oral evidence can be used to clarify a patent ambiguity. (A) True (B) False Answer : (B) 21. If there is a plat map and a metes and bounds description with an ambiguity, the plat map will control the result. (A) True (B) False Answer : (A) 22. A description that references a "part of" a section and gives the full government survey location is sufficient. (A) True (B) False Answer : (B) 23. "I hereby convey my farm" is a sufficient legal description. (A) True (B) False Answer : (B) 24. ​A metes and bounds description without a beginning point is invalid. (A) True (B) False Answer : (A) 25. ​A government survey description requires a reference to a guide meridian. (A) True (B) False Answer : (B) 26. ​A risk in metes and bounds descriptions is that starting points can move or disappear. (A) True (B) False Answer : (A) 27. A street address is a sufficient legal description. (A) True (B) False Answer : (B) 28. A street address and a plat map reference are a sufficient description. (A) True (B) False Answer : (A) 29. The NE-1/4 of a section has 60 acres. (A) True (B) False Answer : (B) 30. ​A township has 640 sections. (A) True (B) False Answer : (B) 31. ​A description in a deed that refers to a plat map that is then not attached to the deed is legally insufficient. (A) True (B) False Answer : (A) 32. ​A metes and bounds description that has no beginning point is legally insufficient. (A) True (B) False Answer : (A) 33. ​A street address coupled with a lot number and attached plat map is a legally sufficient address. (A) True (B) False Answer : (A) 34. ​A deed transferring "the farm" from the parent owners to the children who lived there with them has a legally sufficient description. (A) True (B) False Answer : (B) 35. Townships have 72 square miles. (A) True (B) False Answer : (B) 36. ​Parol evidence cannot be used to create a valid description. (A) True (B) False Answer : (A) 37. ​"The property located at municipal address _________________ in the Sabine Parish in Louisiana" is a sufficient description. (A) True (B) False Answer : (B) 38. ​"The land that includes the Wind Song cave" is a sufficient legal description. (A) True (B) False Answer : (B) 39. ​In determining what a description means, the terms are construed in the grantee's favor. (A) True (B) False Answer : (A) 40. ​If there are two descriptions and one is ambiguous and the other is not, the unambiguous description is used. (A) True (B) False Answer : (A) 41. ​Use the following diagram to answer Questions #41 − #44. ​The property above has a legal description of 10 E. Dodge Street Delphi, Utah. (A) True (B) False Answer : (B) 42. ​Use the following diagram to answer Questions #41 − #44. ​A proper metes and bounds description of the above property would begin with "Starting at a point 100 feet from the eastern side of Ford Street. (A) True (B) False Answer : (B) 43. ​Use the following diagram to answer Questions #41 − #44. ​A proper metes and bounds description of the above property would begin with "Starting at the intersection of the southwestern corner of Ford Street. (A) True (B) False Answer : (B) 44. ​Use the following diagram to answer Questions #41 − #44. ​The diagram contains enough information to create a valid metes and bounds description. (A) True (B) False Answer : (B) MULTICHOICE 45. ​Which of the following are placed every 24 miles in the government survey? (A) ​Principal meridians (B) ​Range lines (C) ​Baselines (D) ​None of the above Answer : (D) 46. ​How many sections in a township? (A) ​16 (B) ​36 (C) ​24 (D) ​None of the above Answer : (B) 47. ​How far apart are the guide meridians? (A) ​24 miles (B) ​36 miles (C) ​16 miles (D) ​Indeterminate since there are only 35 of them Answer : (A) 48. ​Which of the following is not included on a plat map? (A) ​Lot size (B) ​Government survey description (C) Easements​ (D) ​All of the above are included Answer : (B) 49. ​Metes and bounds descriptions start from a reference point and describe property by: (A) ​Distance and direction. (B) ​Reference to government survey. (C) ​Reference to plat maps. (D) ​None of the above Answer : (A) 50. ​The following description appears in a deed: "The home at 4244 Seville Street, Indigo, CA." This description: (A) ​Is an example of a metes and bounds description. (B) ​Is an example of a plat map description. (C) ​Is inadequate. (D) ​None of the above Answer : (C) 51. ​A latent ambiguity: (A) ​Is one which the courts cannot correct. (B) ​Is a mistake in typing. (C) ​Both a and b (D) ​None of the above Answer : (B) 52. ​The SE‐1/4 of the NE‐1/4 has how many acres? (A) ​160 (B) ​80 (C) ​40 (D) ​None of the above Answer : (C) 53. ​The SE‐1/4 of the NE‐1/4 and the E‐1/2 of the NW‐1/4 have how many acres? (A) ​160 (B) ​80 (C) ​40 (D) ​None of the above Answer : (D) 54. How many square miles in a township? (A) ​36 (B) ​24 (C) ​18 (D) ​None of the above Answer : (A) 55. ​The NE-1/4 of the NW-1/4 and the SE-1/4 and SW-1/4 have how many acres? (A) ​40 (B) ​80 (C) ​160 (D) ​200 Answer : (D) 56. ​Grids are the segments of land: (A) ​Also known as townships. (B) ​Located between guide meridians and parallels. (C) ​Also known as sections. (D) ​Both a and b (E) ​None of the above Answer : (B) 57. ​Which of the following descriptions is inadequate? (A) ​"My house in Neville, Georgia" (B) ​"My farm in New England" (C) ​Lot 23 of Sierra Vista Estates, Plat #3, recorded at Pima County Recorders, Book No. 5, Page No. 221 (D) ​a and b (E) ​a, b and c Answer : (D) 58. Each section contains: (A) ​36 square miles. (B) ​640 acres. (C) ​One township. (D) ​a and c (E) ​None of the above Answer : (B) 59. ​Plat map descriptions: (A) ​Often include a reference to a government survey. (B) ​Are invalid without a street address. (C) ​Both a and b (D) ​None of the above Answer : (A) 60. ​In the event there is an ambiguity in a description, which of the following would be used to resolve the ambiguity? (A) ​The neighbors' ideas (B) ​Boundary markers (C) ​A plat map (D) ​None of the above Answer : (C) 61. ​The description, "All my land except the spring house": (A) ​Is a valid legal description. (B) ​Is a plat map description. (C) ​Is a metes and bounds description. (D) ​Is invalid. Answer : (D) 62. ​"SE-1/4 of the NW-1/4 of T1N and R3E in Bucks County": (A) ​Is a valid legal description. (B) ​Is a plat map description. (C) ​Is a metes and bounds description. (D) ​Is invalid Answer : (D) 63. ​Plat maps: (A) ​Are recorded in land records. (B) ​Are invalid descriptions unless included in a government survey. (C) ​Are valid with a street address. (D) ​Are invalid forms of descriptions. Answer : (A) 64. ​Which are horizontal lines in the U.S. Government Survey? (A) ​Parallels (B) ​Baselines (C) ​Prime meridians (D) ​Both a and b Answer : (B) 65. ​The following description is part of a deed: "The SE-1/4 of the SE-1/4 T1N" of the Bucks' portion of Gentry Farm. (A) ​The description is sufficient because a popular name is coupled with a government survey. (B) ​The description is sufficient because of the government survey portion. (C) ​The description is insufficient to pass legal title. (D) ​None of the above Answer : (C) 66. ​Which of the following would make a metes and bounds description insufficient? (A) ​A movable starting point (B) ​A reference to a stream (C) ​A reference to a street intersection (D) ​All of the above would make the description insufficient Answer : (A) 67. ​Which of the following would be a parcel of land with 1,600 acres? (A) ​A township (B) ​SE-1/4 and the NE-1/4 and the E-1/2 of the SW-1/4 of T2N R1W in Coconino County (C) ​SE-1/4 of the SE-1/4 and the S-1/2 of the NE-1/4 (D) ​SE-1/4 and the NE-1/4 Answer : (B) 68. ​Which of the following is the most frequently used form of legal description in residential property? (A) ​Plat map (B) ​Metes and bounds (C) ​Government survey (D) ​Street address Answer : (A) 69. ​Wynona O'Brien owned a house located on the corner of Ash and Maple Streets in the town of Meridian, Iowa. Ms. O'Brien had lived there all of her life, having inherited the house from her parents when they passed away. The will of her father left the home to Wynona's mother with the language, "I leave my interest in our house to my wife...." When Wynona's mother died, her will provided, "I leave our house to my daughter, Wynona." Wynona made the following gift to the historical society, "I hereby convey the O'Brien house to the Meridian Historical Society, reserving a life estate in our house for me." Which of the following statements best describes the ownership positions of the parties? (A) ​Wynona has a life estate and the Meridian Historical Society has a remainder. (B) ​Wynona did not take good title to the home through her mother's will. (C) ​The historical society has full title to the property because there could be no mistaking what property is meant by the grant. (D) ​The description in the grant to the Meridian Historical Society is legally insufficient. Answer : (D) 70. ​A metes and bounds description begins with the following, "Starting at the point of the site of Old Clay Springs Mill and proceeding...." Which of the following best describes whether a deed description with this beginning? (A) ​The description will be legally sufficient as long as the Mill remains there. (B) ​The description will be legally sufficient as long as it closes at the Mill beginning point. (C) ​The description is not legally sufficient because a building location is imprecise. (D) ​The description will be legally sufficient if the Mill address is included. Answer : (C) 71. ​The following description appears in a deed: "Lot 27 of Candlelight Estates IV, as per plat recorded in Book of Maps 30, page 80, in the Office of the County Recorder of Holim County, Utah." (A) ​The description is not legally sufficient to pass title. (B) ​The description requires reference to a government survey to be legally sufficient. (C) ​The description is legally sufficient. (D) ​The description requires a reference to a street address to be legally sufficient. Answer : (C) 72. ​How many prime or principal meridians are there? ​ (A) ​35 (B) ​32 (C) ​64 (D) 72​ Answer : (A) 73. ​How many baselines are there? (A) ​35 (B) ​32 (C) ​64 (D) ​72 Answer : (B) 74. ​Which of the following descriptions is an adequate legal description for a valid deed? (A) ​"All my real estate" (B) ​"That part of my farm that includes the Welby Pond" (C) ​"228 East Gary Circle, Brisbane, MN" (D) ​"The fenced in area that I own in Laramie County, WY" (E) ​None of the above is a sufficient legal description Answer : (E) 75. ​The general problem with metes and bounds descriptions is: (A) They are invalid legal descriptions. (B) They have to contain a street address. (C) They have to have certain and stable beginning and ending points in order to be valid.​ (D) There are generally no legal problems with metes and bounds descriptions.​ Answer : (C) 76. A deed contains the following description, "The lot at the corner of Union Street and Fern Street in Brighton Beach, NJ." (A) The description is a valid legal description.​ (B) The description is a valid legal description if the name of the county is added.​ (C) The description is a valid legal description if the street address is added.​ (D) The description is not a valid legal description.​ Answer : (D) 77. ​What is the effect of attaching a plat map to a deed with the following description: "The Doonesbury Inn at Salisbury, Maryland." (A) The description would still be invalid​ (B) The description would be valid with the plat map​ (C) The description would be ambiguous because a plat map cannot be used for commercial properties​ (D) None of the above​ Answer : (B) 78. ​When a deed description is invalid: (A) Courts allow parol evidence to clear up the issue.​ (B) ​Courts correct the description themselves. (C) Courts do to allow parol evidence to clear up ambiguous descriptions.​ (D) ​Parol evidence is allowed as long as the parties agree to allow it. Answer : (C) 79. ​A promissory note has the following language: "This note is secured by Lots 117, 118, and 119 in Arboleda Estates." The note was recorded to protect the lender with a mortgage on the lots. The borrower defaulted on the note. Can the lender foreclose based on the recorded note? (A) ​Yes, because the note was recorded and the lender is a secured creditor (B) ​No, because you cannot record a note (C) ​No, because the description is inadequate (D) ​Only if the lender signed the note Answer : (C) 80. ​based on the following diagram: ​What is the width of each of the squares in the diagram? (A) ​24 miles (B) ​36 miles (C) ​1 mile (D) ​6 miles Answer : (D) 81. ​based on the following diagram: ​What is each of the squares called? (A) ​A grid (B) ​A township (C) ​A section (D) ​A baseline Answer : (B) 82. ​based on the following diagram: ​Which of the following is the name given to a description using the above diagram? (A) ​Metes and bounds (B) ​Government survey (C) ​Plat map (D) ​Subdivision map Answer : (B) 83. ​based on the following diagram: ​How would you label the first square in the upper right hand corner of the diagram? (A) ​Township 1 (B) ​Range 1 East (C) ​R1W T4N (D) ​R1E T4 Answer : (C) 84. ​based on the following diagram: ​The name for the vertical lines that run parallel to the Salt Lake meridian is: (A) Township lines.​ (B) ​Section lines. (C) ​Guide meridians. (D) ​Section markers. Answer : (C) 85. ​based on the following diagram: ​The name for the horizontal lines that run parallel to the baseline is: (A) ​Sub-baselines. (B) ​Township lines. (C) ​Guide meridians. (D) ​Section markers. Answer : (B) 86. ​based on the following diagram: ​A deed for conveyance of land included the following description: "The L. W. Anacker farm in the town of Stanton." (A) ​The description is not legally adequate. (B) ​The description is a metes and bounds description and is a legal description. (C) ​A legal description is not required for a valid deed if the parties are clear on what is being conveyed. (D) ​None of the above Answer : (D) ESSAY 87. ​A has just purchased property and after moving in, discovers that, according to his neighbor, the description should have included more land. A wants to go to court to have the deed changed. A did not think, at the time of purchasing the land, that the extra amount was included. What are A's rights? Graders Info : ​Students should discuss latent and patent defects and when evidence is admissible and when deeds can be changed. 88. ​G has conveyed "all of my land in Pennsylvania" to A. Is the description sufficient? Graders Info : ​The description may be sufficient for a contract, but would not be sufficient for a deed. 89. ​Discuss the purpose of the baseline, parallel and meridian grid system. Graders Info : ​To allow for curvature of the earth's surface for a more accurate survey. 90. ​Draw the SE‐1/4 of the NW‐1/4 and give its acreage. Graders Info : ​40 acres 91. ​Discuss the legal sufficiency of the following: a. The farmable land of my farm, Hoosier Acres. b.The lot number 27 recorded in the plat map for Shaker Estates. Graders Info : ​a. Probably insufficient. b. Probably insufficient, since location in land records of map is not given. 92. Place the following in order of size from largest to smallest: Acre Township W-1/2 of the SE-1/4 of the SE-1/4 Section Graders Info : ​ Township Section Acre W-1/2 of the SE-1/4 of the SE-1/4 93. ​Provide a metes and bounds description of the following: Graders Info : ​Beginning at a point 50' from in intersection of the west side of Elm Street and the south side of Oak Street proceeding south parallel to the west side of Elm Street 35' and then proceeding west 10' parallel to the south side of Oak Street and from thence 10' along the south side of Elm Street to the beginning point. 94. ​The Judsons deeded their property to the Synders, using a deed with a description that a court has determined to be legally inadequate. The Snyders, using the same description, deeded the property to the Crismons. The Crismons lived on the property for 32 years. The children of the Snyders then emerged to reclaim the property stating that the deed was legally insufficient to transfer title. Explain the parties' rights. Graders Info : ​A deed without a legally sufficient description does not pass title. Therefore, the Snyders did not have title. And if the Snyders did not have title, then the Crismons did not have title. However, the complicating facts in this situation are that the parties behaved in a way that found them concluding the description was legally sufficient. In fact, it is likely that the Crismons acquired, through adverse possession, something they may not have had through a deed. If the Snyders did not have title then the Crismons did not have title (unless adverse possession applies) and the result would be that the Judsons' heirs would have title. 95. ​The Twain Harte Homeowners Association brought suit to quiet title in a recreational easement they alleged they held in the land of Earl Patterson. The easement provides for "recreational use and enjoyment for the benefit of the Twain Harte Tract." Patterson says the description of the dominant estate is inadequate because he remains uncertain as to who actually holds the easement. He maintains the grant of the easement is void because of an invalid description. The Association maintains that the description is sufficient to indicate they, as homeowners, are the owners and beneficiaries. Who is correct? Graders Info : ​The court held that the description as "Twain Harte Tract" was a descriptive name and sufficient identification of the real property for conveyance purposes. This one is, however, debatable, because there is no type of other reference - it would all depend on how well this popular name description is known and if it's clear. Twain Harte Homeowners Association v. Patterson, 239 Cal. Rptr. 316 (1987). 96. Since 1958, Ray and Barbara Mensen have leased on a month-to-month basis a house owned by Helen and Clarence Haines (Clarence died in 1984). In 1963, discussions began between the two couples about the possibility of a purchase of the home. The Haineses had hoped the Mensens would look after them in their old age, since the Haineses had no known relatives. Several drafts of the deed were produced, along with discussions that the property was being deeded to the Mensens in exchange for care and assistance for the Haineses. The deed giving the Mensens "the farm" was transferred to them sometime in December 1980 or January 1981 and recorded on January 13, 1981. The deed also included the following language: Part of the Northeast Quarter of the Northeast Quarter of Section 9 Township 16 North Range 13 East all in Douglas County Nebraska as recorded in the Douglas County Register of Deeds office. The Mensens did not deliver the promised care, and Helen Haines brought suit to have the deed declared void for failure of consideration and inadequacy of the description. Is the description adequate? Graders Info : ​The description relies on the U.S. Government Survey, but it needs a baseline reference. There may be only one baseline in the county, but generally a description must be complete under one system, and the reference to the county and the township may not be sufficiently clear. Each side must fulfill its end of the bargain in terms of consideration. However, it is possible that this conveyance was intended as a gift and so long as there was delivery, the conveyance is valid. Without an underlying contract evidencing the terms of their agreement, the deed serves to convey title. Haines v. Mensen, 446 N.W.2d 716 (Neb. 1989). 97. ​Frank and Gayle Marek owned property adjacent to property owned by Earl and Sandra Lawrence. The two couples disputed where the boundary lines between their two properties were located. Both couples had title to their property described through deeds that used the government survey in their description portions. The dividing line between their properties in both deeds was described as "the section line dividing Sections 26 and 27." However, the two couples disagreed as to where that line actually was because most people assumed that Three Bear Road was the dividing line, and Three Bear Road did not run along the section line. The court relied on testimony about the assumed boundary line to establish the correct dividing line between the Mareks and Lawrence properties. Was the court correct to do so? Explain why or why not. Graders Info : ​The court held that a government survey description was full and complete and the boundary line was clearly described as the section line. To allow speculation and view points to change that boundary line was not permissible. A complete and accurate deed description conveys the title given and cannot be changed by parol evidence. Marek v. Lawrence, 278 P.3d 920 (Idaho 2012).