Frank and Gayle Marek owned property adjacent to property owned by Earl and Sandra Lawrence. The two couples disputed where the boundary lines between their two properties were located. Both couples had title to their property described through deeds

that used the government survey in their description portions. The dividing line between their properties in both deeds was described as "the section line dividing Sections 26 and 27." However, the two couples disagreed as to where that line actually was because most people assumed that Three Bear Road was the dividing line, and Three Bear Road did not run along the section line. The court relied on testimony about the assumed boundary line to establish the correct dividing line between the Mareks and Lawrence properties. Was the court correct to do so? Explain why or why not.


?The court held that a government survey description was full and complete and the boundary line was clearly described as the section line. To allow speculation and view points to change that boundary line was not permissible. A complete and accurate deed description conveys the title given and cannot be changed by parol evidence. Marek v. Lawrence, 278 P.3d 920 (Idaho 2012).

Business

You might also like to view...

The state of Illinois has passed a law requiring that every automobile be inspected at least once a year for pollution control. Anfang Enterprises is considering entering into this type of business. After extensive studies, Joseph Anfang has developed the following set of projected annual data on which to make his decision: Direct service labor $363,000.00 Variable service overhead costs

270,000.00 Fixed service overhead costs 280,000.00 Marketing expenses 120,000.00 General and administrative expenses 170,000.00 Minimum profit 90,000.00 Cost of assets employed 500,000.00 Anfang believes that his company will inspect 100,000 automobiles per year. The company earns an average of 18.75 percent return on its assets. The projected cost for inspecting each automobile would be a. $11.13. b. $12.03. c. $12.93. d. $10.03.

Business

Which of the following is NOT one of the six questions that help determine whether an invasion of privacy is justifiable by an employer?

a. For what purpose is the undocumented personal knowledge sought? b. Is this purpose a profitable and important one? c. Is the knowledge sought through invasion of privacy relevant to its justifying purpose? d. Is invasion of privacy the only or the least offensive means of obtaining the knowledge?

Business

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference

a. True b. False Indicate whether the statement is true or false

Business

Which of the following statements are true?

a. For the Poisson distribution = 3.2, the mean and standard deviation are both equal to 3.2. b. For the Poisson distribution = 3.2, the mean and variance are both equal to 3.2. c. For the Poisson distribution = 3.2, the mean is 3.2 and the standard deviation is 1.79. d. Both B and C are correct. e. All of these are correct.

Business