Free reference·Boundary Law and Real Property Principles

Sources of Law

Federal, state, local, administrative, common law. Citations and how to do real legal research.

The hook

Boundary law draws from multiple sources arranged in a hierarchy. Constitutions, statutes, regulations, common law, and contracts all touch boundary practice. Know which source controls what.

Federal & State Constitutionshighest authorityStatutes (legislative)state property codes, recording actsRegulations (administrative)state surveying board rulesCourt decisions (common law)precedent, hierarchy of evidenceRecorded instrumentsdeeds, plats, easementsPrivate contractsbinding on the parties only
The legal authority hierarchy. Higher sources override conflicting lower ones. Constitution at top; private contracts at the bottom but still binding within their scope.
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Concepts that show up on the exam

Constitution
Federal and state. Establishes due process, takings clause, government authority. Highest in the hierarchy.
Statutes
Laws enacted by legislatures. State property codes, recording acts, surveyor licensing, eminent domain procedures.
Regulations
Rules made by administrative agencies (state surveying boards, federal agencies). Have the force of law within their authority.
Case law / common law
Court decisions interpreting the above and filling gaps. The body of precedent that controls boundary practice in detail.
Restatements / treatises
Scholarly summaries (e.g., Restatement of Property). Persuasive but not binding; courts often cite them.
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Related: Boundary Law and Real Property Principles
Public Records and Descriptions
Land descriptions, mineral rights, ownership rights, weighting evidence.
Common Law Principles
Controlling elements, unwritten rights, adverse possession.
Easements
Granted vs implied vs prescriptive — how to recognize them and what they do to a property.
Simultaneous and Sequential Conveyances
Junior/senior rights, the order conveyances were created, and why it controls boundary outcomes.
Metes and Bounds
Description method using courses + distances. Reading + writing them, controlling elements when they conflict.
Public Land Survey System (PLSS)
Townships, sections, aliquot parts, special surveys. The grid that governs most US land descriptions.
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