Texas Surveyors Practice Exam

In a deed, which aspect is flexible based on the written intentions?

1. Order of importance of elements

2. Legal jurisdiction

3. Type of monumentation

4. Personal testimonies

The correct answer is: Order of importance of elements

The aspect that is flexible based on the written intentions within a deed is the order of importance of elements. In drafting a deed, the granter has the ability to emphasize specific elements according to their preferences or intentions. This flexibility allows for the arrangement of details—such as the names of grantors and grantees, the legal description of the property, and any additional covenants or stipulations—in a way that reflects the priorities or significance that the parties assign to each element. This is particularly important in real estate transactions, where the clarity of terms and conditions can influence rights and obligations. While the legal jurisdiction is typically established by the location of the property and the governing laws, it is not subject to the granter's discretion. Type of monumentation relates to how a property boundary is physically marked and is determined by standard surveying practices rather than personal choices. Personal testimonies, while they can provide context or clarification, are not a formal element of deed construction and are less flexible in the context of the deed structure compared to the order of importance assigned to various elements.