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Practice Questions Help

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(@surveyorfromma)
Posts: 3
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Topic starter
 

Hi, everyone!

I've been a land surveyor for 10 years and recently started going for my license. I have passed the FS exam this year and now I'm am looking to sit for the PS and state exams next April. A colleague of mine let me use some old study material that used when he passed (he took a class for this exam twenty years ago so I'm not sure how relevant these questions are, but I still want to know the answers) but most of his questions don't have answers and I was wondering if anyone could chime in and help me out.?ÿ

?ÿ

(1) You are a municipal surveyor since 1970. In 1990 you did a perimeter survey for someone. Now he comes to you asking you to subdivide it.?ÿ

a) You refuse the job

b) hire another surveyor

c) get a colleague to review your notes and computations

?ÿ

(2) What is the last step for a conveyance to take place?

a) delivery

b) notorizing

c) signing

d) recording

?ÿ

(I would say delivery)

?ÿ

Thanks, guys!

 
Posted : September 4, 2019 5:25 am
(@va-ls-2867)
Posts: 514
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Question #2 is conveyance is complete when recorded.

?ÿ

 
Posted : September 4, 2019 1:53 pm
peter-lothian
(@peter-lothian)
Posts: 1090
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@va-ls-2867

Not quite. Massachusetts is a race-notice state. An unrecorded deed is still effectual against any party who has actual notice of the conveyance, even if not recorded. So I would go with delivery.

 
Posted : September 4, 2019 2:08 pm
peter-lothian
(@peter-lothian)
Posts: 1090
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The facts given in question # 1 have me a bit confused, too. A municipal surveyor did a perimeter survey in 1990. Did he do the survey within the town that he is employed? If not, what's the big deal? If so, refuse to subdivide it. It would be a state ethics violation.

 
Posted : September 4, 2019 2:35 pm
holy-cow
(@holy-cow)
Posts: 25359
Supporter
 

Both questions are written terribly. ?ÿ

?ÿ

The second question is fuzzy based on Peter Lothian's response. ?ÿIf I know the deed was handed to the buyer, then I must treat the situation the same as if it were recorded. ?ÿBut, if I didn't know the deed was handed to the buyer, then no conveyance has occurred. ?ÿThat is splitting hairs. ?ÿNot a good question to have on the exam.

?ÿ

The first question has an answer somewhat dependent on information not provided. ?ÿIf you surveyed the tract for a private party and were paid by the municipality to do so, that is odd. ?ÿWhy would that happen? ?ÿIf you did the job directly for the private party as a common consultant, that is quite a different thing , assuming your municipality allowed you to do side work on your own time with your own equipment. ?ÿIf you surveyed the tract when it was owned by the municipality and it was later conveyed to the private party, that could make a difference. ?ÿIn every case, if you are a part of the reviewing group who dictates what can and cannot be done with subdivisions in your municipality, then you should stay out of the subdivision survey.

 
Posted : September 4, 2019 3:15 pm

dave-karoly
(@dave-karoly)
Posts: 12001
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@peter-lothian

Correct, recording is not required.  The advantage of constructive notice is the enticement to get people to record but they don't have to.

 
Posted : September 4, 2019 3:26 pm
dave-karoly
(@dave-karoly)
Posts: 12001
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@holy-cow

Sometimes recording is treated as a presumption of delivery but I think delivery is the most correct answer.

 
Posted : September 4, 2019 3:27 pm
thebionicman
(@thebionicman)
Posts: 4462
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Nowhere in question one does it say the parcel is within the municipality. They may be getting at the ethical issues of a government surveyor competing with the private sector.?ÿ

 
Posted : September 4, 2019 8:18 pm
(@surveyorfromma)
Posts: 3
Member
Topic starter
 

Thanks everyone! Yes, I know the questions are written terribly, which is why I'm having a hard time with those two (the other 30 or so seem more straight forward).

 
Posted : September 5, 2019 3:51 am
(@scott-ellis)
Posts: 1181
Member
 

@surveyorfromma

My advice to you when studying for the exam, only take answers from a Surveyor who is licensed in the State you are taking the exam, rules and regulations vary from State to State. 

 
Posted : September 5, 2019 8:57 am

(@duane-frymire)
Posts: 1924
Member
 

Exams require the best answer, not necessarily the correct answer, without reading anything into the question that isn't there (but maybe should be).

In question 1, the best answer is probably refuse the job.?ÿ A boundary survey on the weekend shouldn't pose a problem, but a municipal surveyor probably has a role in subdivision approval, so they might have a conflict of interest performing that service.?ÿ Shouldn't be involved in any way in preparation of a subdivision that may require their approval.

In question 2, the best answer is probably delivery.?ÿ Acceptance is really the final stage but is often presumed if one has possession of the document (yes, grantees in possession have argued they didn't accept for various reasons).?ÿ Without notary or witness, the one giving the deed could later challenge it as a fraud (not my signature). Without recording a third party could later challenge it saying they purchased it first.?ÿ But I think they're looking for delivery.?ÿ If you put it in a safe box intending to give it to someone, then you die, the parcel hasn't been conveyed and goes into your estate. Typically this happens when a parent wants to convey to one child who has earned it in some way, but delivery doesn't happen and kid has to split it with siblings in the estate.

 
Posted : September 7, 2019 6:21 am