Priority of Calls (a.k.a. Rules of Construction): What They Are and Why They Matter

As a surveyor, you may encounter situations where you have to interpret ambiguous or conflicting evidence to determine the boundaries of a property as described. This is where Priority of calls comes in handy. Priority of calls are principles or guidelines that help surveyors resolve boundary disputes or uncertainties when there are conflicting elements. They are based on legal precedents, common sense, and professional standards.

The order of the Priority of Calls are as follows in order of most important to least:

·       Natural Monuments - (i.e. mountains, rivers, ridges, etc.)

·       Artificial Monuments – (i.e. monuments, surveyor marks and man-made improvements)

·       Distances of linear measurement

·       Bearings of direction

·       Acreage or quantity

·       Coordinates

Some examples of survey rules of construction are:

- Calls for a natural boundary controls over a call for an artificial boundary. This means that when a deed describes a boundary by referring to a natural feature, such as a river, lake, or mountain, it takes precedence over a boundary that is described by an artificial feature, such as a road, fence, or survey line. Even though they can change over time, natural boundaries are considered to be more stable and identifiable than artificial boundaries, which may be altered or removed over time.

- Monuments control over measurements. This means that physical markers or objects on the ground, such as concrete monuments, rebars, pipes, stones, stakes, fences, buildings or similar, have priority over distances or directions stated in deeds or maps. Monuments are considered to be more reliable and permanent than measurements, which may be subject to errors, changes over time and technological advancements.

These are just some of the survey rules of construction that surveyors use to establish or retrace property lines. By applying these rules consistently and logically, surveyors can provide accurate and reliable surveys that protect the rights and interests of landowners and stakeholders.

Note:

1) the rules of construction are only relevant when there are intrinsic conflicts in the record descriptions.

2) the order of the rules of construction apply when all other things are being equal, for example, when 3 deed elements say the same thing in different ways but all are in harmony with one another, and a fourth element purports to say the same thing but in a different manner, but is at odds with the other 3 elements, it can be discarded.

3) the order can be overturned at any time by certain circumstances, one common example being when an acre cutout is called for, then area may become controlling.

4) in GLO States like Washington, distances hold over bearings, however in Metes and Bounds States bearings hold over distances.

Realty specialists and others who interpret legal descriptions must be aware that there may be ownership rights that affect boundaries beyond that which may be derived from the written words in legal descriptions and other legal documents.