The hook
Common law is judge-made law built up over centuries of court decisions. For boundary work it gives you the rules used to resolve conflicts that statutes don\'t address: hierarchy of evidence, adverse possession, acquiescence, intent of the parties.
Memorize these
Concepts that show up on the exam
Common law
Judge-made law from precedent, in contrast to statutory law (legislatures) and constitutional law. U.S. boundary law is overwhelmingly common-law-based at the state level.
Stare decisis
The doctrine that courts follow prior decisions on similar facts. Provides predictability; old precedents control unless overruled.
Intent of the parties
A foundational rule: the boundary is wherever the original grantor and grantee MEANT it to be. Inferred from the deed, the monuments, and the surrounding facts.
Hierarchy of calls
Common-law ordering of conflicting boundary evidence: senior rights, intent, natural monuments, artificial monuments, adjoiners, courses, distances, area.
Adverse possession
Open, notorious, exclusive, continuous, hostile use of land for the statutory period transfers title. State-specific elements; periods 7-21 years.
Acquiescence
Long mutual recognition of a particular line (typically a fence) as the boundary may bind owners to that line even when conflicting with deeds. State-specific.
Estoppel
A party who induces another to act in reliance is barred from later claiming a position inconsistent with that inducement. Applies to boundary disputes when an owner's conduct led the neighbor to build to a certain line.
Don't fall for these
What trips people up
Treating common law as universal
Common law VARIES by state. Adverse possession periods, acquiescence elements, riparian rules — all state-specific. Surveyors should know their state\'s rules cold.
Confusing equity with common law
Common law remedies are typically money damages. Equitable remedies (injunctions, specific performance) come from a separate body of law. Boundary disputes often involve both.
Test yourself
How well did it stick?
A quick 5-question check on Common Law Principles. See where you stand and what to review.