Texas Surveyors Practice Exam

What is necessary for a monument to be legally controlling?

1. It must be visible

2. It must be existing

3. It must be called for in the conveyance

4. It must be made from durable materials

The correct answer is: It must be called for in the conveyance

For a monument to be legally controlling, it must be called for in the conveyance. This means that the monument is explicitly mentioned in legal documents, such as deeds or land surveys, that detail the boundaries of a property. When a monument is identified in such documents, it becomes a critical reference point in determining the property's limits. The legal significance comes from the fact that the conveyance governs the property rights and obligations, allowing the monument to serve as an authoritative marker. While visibility, existence, and durability are important characteristics for practical applications in surveying and property delineation, they do not inherently provide the legal authority that a monument derives from being referenced in a conveyance. Monuments can be present and visible but lack legal standing if they are not specified in the relevant documentation governing the property. Therefore, without being called for in the conveyance, a monument does not hold the same legal weight, regardless of its physical attributes.