Fundamentals of Surveying (FS) Practice Exam

Color or title refers to which of the following?

1. Any written instrument that appears to convey title but in fact does not

2. A claim on land that, if valid, would impair the title to the land but can be proven invalid

3. An estate in real property

4. All of the above

The correct answer is: Any written instrument that appears to convey title but in fact does not

The correct answer relates to the concept of "color of title." In legal contexts, color of title refers to a situation where a person has a written document (or instrument) that seems to grant them ownership of a property, but that document may not have the legal validity to actually convey title. This can arise when there are defects in the title, such as improper signatures, lack of authority, or other issues that prevent the transfer of ownership in accordance with the legal requirements. Understanding this concept is important in surveying and property law, as it helps delineate between genuine ownership and claims that are not fully substantiated by legally recognized instruments. Color of title does not affirm ownership, but rather presents a claim that appears legitimate on the surface. The other options pertain to different legal concepts. A claim on land that can be proven invalid, as described in another option, relates to encumbrances that may affect property ownership but do not fall under the definition of color of title. Similarly, an estate in real property refers to the legal interests a person has in a property, which is distinct from the notion of color of title. Recognizing these distinctions enhances understanding of property rights and surveying practice.