Alabama Boundary Dispute Case Problems
1.
Two adjoining landowners dispute a boundary. The deed for Parcel A calls for “to an old oak
tree”, but the tree no longer exists. However, historical survey notes show its location relative to
a stone monument still present.
What evidence should control the boundary location?
A. Stone monument position
B. Modern GPS coordinate estimate
C. Distance listed in deed
D. Area calculation
Correct Answer: A
Rationale
Original monument references supported by historic survey notes typically control.
2.
A fence has been treated as the property boundary for 28 years, although deeds show the
boundary 3 ft away.
Which legal doctrine may apply?
A. Boundary by acquiescence
B. Eminent domain
C. Riparian rights
D. Police power
Correct Answer: A
3.
A river slowly shifts over 40 years, depositing sediment and extending land outward.
Who owns the new land?
, A. Adjacent landowner through accretion
B. State government
C. Federal government
D. Original riverbed owner
Correct Answer: A
4.
Two deeds conflict: one describes a boundary to an iron pin, the other describes 120 ft distance
but the pin is found at 118.7 ft.
Which controls?
A. Iron pin monument
B. Distance measurement
C. Area measurement
D. GPS coordinate
Correct Answer: A
5.
A surveyor retraces a PLSS section corner but finds no monument. Government field notes
reference two witness trees which still exist.
What should the surveyor do?
A. Reconstruct corner using witness tree evidence
B. Use GPS coordinates
C. Estimate midpoint between parcels
D. Follow tax parcel map
Correct Answer: A
6.
A landowner builds a garage 2 ft over the boundary onto neighboring land.
This situation is legally called:
1.
Two adjoining landowners dispute a boundary. The deed for Parcel A calls for “to an old oak
tree”, but the tree no longer exists. However, historical survey notes show its location relative to
a stone monument still present.
What evidence should control the boundary location?
A. Stone monument position
B. Modern GPS coordinate estimate
C. Distance listed in deed
D. Area calculation
Correct Answer: A
Rationale
Original monument references supported by historic survey notes typically control.
2.
A fence has been treated as the property boundary for 28 years, although deeds show the
boundary 3 ft away.
Which legal doctrine may apply?
A. Boundary by acquiescence
B. Eminent domain
C. Riparian rights
D. Police power
Correct Answer: A
3.
A river slowly shifts over 40 years, depositing sediment and extending land outward.
Who owns the new land?
, A. Adjacent landowner through accretion
B. State government
C. Federal government
D. Original riverbed owner
Correct Answer: A
4.
Two deeds conflict: one describes a boundary to an iron pin, the other describes 120 ft distance
but the pin is found at 118.7 ft.
Which controls?
A. Iron pin monument
B. Distance measurement
C. Area measurement
D. GPS coordinate
Correct Answer: A
5.
A surveyor retraces a PLSS section corner but finds no monument. Government field notes
reference two witness trees which still exist.
What should the surveyor do?
A. Reconstruct corner using witness tree evidence
B. Use GPS coordinates
C. Estimate midpoint between parcels
D. Follow tax parcel map
Correct Answer: A
6.
A landowner builds a garage 2 ft over the boundary onto neighboring land.
This situation is legally called:
