LEGAL PRINCIPLES II SPRING 2009 FINAL EXAM 1.

According to State v Heard, why did the appellees need to construct a fence across the riverbed to keep the passage of cattle to and from their lands via the riverbed during normal flow. ______________________________________________________________________________ ______________________________________________________________________________

2. List the actual relative location of corner monuments found or set within the following geographic areas. Corporate limits of any city in Texas ________________________ Extraterritorial jurisdiction areas of any cities in Texas ____________ Rural areas outside extraterritorial jurisdiction areas of all cities in Texas _____________ 3. A party against whom an appeal is taken and whose role is to respond to that appeal, usually seeking affirmance of the lower court's decision. a) plaintiff b) defendant c) appellant d) appellee 4. According to the Texas Society of Professional Surveyors Cannon of Ethics, as surveyor will undertake only those engagements which call for skills that he possesses. True or False 5. In Humble Oil and Refining Co. v State, the court stated that the primary objective in locating a survey is to _______________________________________________________________. 6. Generally, the field notes of a junior survey control the location of a senior survey. True or False 7. Name four (4) reasons a plat may be amended. a) _________________________________ b) _________________________________ c) _________________________________ d) _________________________________

8. State v Sunflow states There is no hard and fast rule as to the comparative weight to be given to calls in field notes. Please list the general rule to be given to the priority of the calls in a set of field notes. 1. ___________________________________ 2. ___________________________________ 3. ___________________________________ 4. ___________________________________ 5. ___________________________________ 9. According to the General Rules of Procedures and Practices defined by the Texas Board of Professional Land Surveyors, how many continuing education hours must a registrant complete to be eligible for renewal of the certificate of registration? a) 4 b) 8 c) 12 d) 16 10. Kirby Lumber Corp. v Campbell stated that _______________________ is perhaps the most important reason for running meander lines, since the thing _______________, not the ___________________________ themselves, is the boundary. 11. What is the difference between the servient estate and dominant estate? 12. According to Port Aransas Properties v Ellis, the conclusion of Turtle Cove, a natural monument, should hold over the call for the pine stake, an artificial monument, may be inferred from the fact that twenty years later, when the original grantee conveyed the same property, he pointedly omitted _____________________________________________________ 13. All easements are right-of-ways. True or False? 14. In deciding what was conveyed in an instrument, what is the first thing one must do? A) use intrinsic evidence B) use extrinsic evidence C) use the four-corners rule D) start assuming

15. According to Stafford v King, the true and correct location of the land is ascertained by the application of all or any of the rules of construction to the particular case, and when they lead to contradictory results or confusion, that rule must be adopted which is ___________________________________________________________________ 16. Mere nonuse of an easement is not in itself an indication the easement has been released or abandoned. True or False?

17. Who can terminate an easement? 18. A case summary that appears before the printed judicial opinion in a law report, addresses a point of law, and usually includes the relevant facts bearing on that point of law. a) statute b) conjecture c) common law d) headnote 19. Does a Blanket easement have boundaries? Yes or No. Explain. 20. What year did the State of Texas adopt common law?

21. What determines the seniority of original grants/surveys? a) date of patent b) date of execution c) date of delivery d) date of survey 22. State four (4) ways an easement can be created: a)__________________________ b)__________________________ c)__________________________ d)__________________________

23. According to Decisions, an encroachment is a legal term and a surveyor cannot normally determine if an intrusion is an encroachment or not. True or False?

24. Does an owner of a tract of land located within the limits of the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts of less than five acres each have to have the land plated? Yes or No. 25. According to the Local Government Code, Section 212.013, can an owner of a tract covered by a plat vacate the plat at any time if any of the lots in that plat are sold? Yes or No.