The answer is D.
?ÿ
There is a reason we say that you don't have to be a good surveyor if you find the original monuments.
Created a tract out of a quarter section adjacent to a major highway.?ÿ The four bars I set for the tract, by definition, were original monuments.?ÿ The client later built a fence and apparently set a large corner post centered on one of the corners I had monumented.?ÿ Obviously, he pulled the bar and set the post.?ÿ Near the corner was a power pole with a small plug that had fell out.?ÿ I can see my original monument sticking out of the side of the power pole where he had driven in the bar that he no longer had a need for.
Answer C is poorly written but it is not incorrect.
The question refers to the rules of construction of deed descriptions. They are not rules of property. They are a guide for a Judge to discern the intention of the deed description.
If a Judge determines that the monument does not represent the intention of the parties then other means will be employed to establish the corner position. This is not common.
C)Hold the monument unless he believes the bearing/distance to be more credible
I think C is the most correct of the choices, but would expect it to be worded "hold the monument unless it can be proven to be in error (or gross error)"
@moe-shetty your reworded answer is correct, but an entirely different answer than the existing C.
