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Order of Importance of Conflicting Elements

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Brian Allen
(@brian-allen)
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The "list" is a presumption that can be overcome by evidence of contrary intent.

377 S.E.2d 615 (1989)
SPAINHOUR v. HUFFMAN

Land surveyors, like other professionals, are governed by certain standards which have ripened into rules of law. In the absence of evidence of contrary intent, a distinct order of preference governs inconsistencies in the description of land:
1. natural monuments or landmarks;
2. artificial monuments and established lines, marked or surveyed;
3. adjacent boundaries or lines of adjoining tracts;
4. calls for courses and distances;
5. designation of quantity.


 
Posted : September 13, 2012 8:04 pm
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