REAL PROPERTY TRANSFERS

1
SEQUENTIAL CONVEYANCES

• Definition
• Sequential conveyances are those written deeds in
  which
• junior and senior rights exist between parcels
  due to their being
• created at different times through different
  instruments. In contrast
• simultaneous conveyances are parcels created at
  the same time through
• the same instrument.
• General Guidelines
• Occupancy/possession that has ripened into a
  legal right is superior
• to all written title to that land (possession
  is 9/10ths of the law)
• 2. On private land, senior rights take
  precedence over junior rights
• 3. Written intentions of parties take precedent
  over unwritten intentions

2
Hierarchy of Deed and Title Evidence

• Possession Rights
• Senior Rights
• Written Intentions of Parties
• Call for a survey
• Call for monuments
• natural
• artificial
• Adjoiners
• Distance/Direction
• Area
• Coordinates

3
Junior and Senior Rights involving the State

• A patent from the state is regarded as a
  Quitclaim Deed.
• All ambiguities are construed against the Grantee
  (Govt. is never wrong!)

Junior and Senior Rights involving Private Parties

• A senior deed (and description) takes precedence
  over a junior deed.
• All ambiguities are construed against the
  Grantor
• Surveyors should research senior rights (except
  when working from a title
• policy which has already determined
  seniority

Pollard (1956)
Cardo (1960)
Overlap goes to senior deed holder (Pollard)
What about gaps??
4
SENIOR RIGHTS PROBLEM
Original parcel (A-B-C-D) described as .. . and
thence to the NW corner of the parcel, a 1 inch
iron pin and the POB for this description thence
east a distance of 200 feet to a 1 inch iron pin
thence south a distance of 300 feet to a 1 inch
iron pin thence west a distance of 200 feet to a
1 inch iron pin thence north a distance of 300
feet back to the POB.
201
A
B
100 _at_ 900
300
100 _at_ 900
300
C
D
199
The owner (Brantley) sells the East 100 feet to
Edwards in 1960 and then 10 years later sells the
West 100 feet to Friend. You do a re-survey of
this tract and find all four original monuments
in an undisturbed state. Your field measurements
are shown above. Where is the boundary of your
clients (Friend) property as per the deed.
PRINCIPLE Always research adjoining property
deeds to establish seniority
5
Importance of Written Terms of Deed

• Boundaries must be established in accordance
  with the written terms of the deed
• Deeds are regarded as containing all terms
  relevant to the conveyance
• Parol (verbal) evidence is only used in cases of
  ambiguity e.g. at Loves intersection
• Cannot be used when deed is deficient (see p.256)
• Role of court is not to insert missing
  information on deed, but to interpret existing
  information

6
Call for a Plat

• References such as
• Map 1205.
• ..Record of Survey No. 1272.
• ..shown on plan of Lot 6
• Inclusion of these types of references means the
  plat/plan must be regarded as an integral part of
  the deed (even if not legally recorded!)
• Assure that parties acted with reference to the
  map or plat

7
Calls for Adjoiners

• A call for an adjoiner is not always a valid
  criterion for determining senior rights
• Need to go back to original conveyance to
  establish seniority

Clarys Parcel
Collazos Parcel
.. bounded on the east by Collazos land ..
thence to the western line of Collazos land..
.. bounded on the west by Clarys land ..
thence to the eastern line of Clarys land..
8
LINES MARKED AND SURVEYED

• Marked and surveyed lines have force when
• They were considered as lines of the transaction
• Lines are identifiable
• Lines do not encroach on a senior right
• They are NOT meander lines
• Lines are called for in a deed

DEED DESCRIPTION
INTENT OF CONVEYANCE
PHYSICAL DEMARCATION
SURVEY MEASUREMENT
SURVEY PLAT/PLAN
Lines identified on the ground are controlling
even if they do not conform with measurement data
on deed or plat.
9
Types of Monuments

• Natural Monuments
• Occurring naturally (rivers, lakes, trees, hills,
  large boulders)
• Artificial Monuments
• Man-made (stakes, pins, stones, pipes, mounds)
• Record/Legal Monument
• Monument referred to in a conveyance, usually
  call for an adjoiner or boundary (to Palm St, to
  Jones property, to the south line of Smiths
  property

Accessory bearing object (tree, pit, etc)
mentioned in original field notes as having a
relationship to mon position
10
Corner Definitions

• Corner
• Point where the legal boundary changes direction
• Existent Corner
• Position can be identified by
• existing original monument
• acceptable accessories to original mon.
• Obliterated Corner
• No remaining traces of original or replacement
  mon or accessories
• Located by
• Competent testimony
• Acceptable record evidence
• Improvements built according to original boundary
• Mon proven to be replacement
• Lost Corner
• Position cannot be determined from any physical
  or other evidence
• Must be relocated by measurement from distant
  points

11
NATURAL VS ARTICIAL MONUMENT
A
Pine Creek
B
Deed describes north line as ..thence S 880 E a
distance of 310 feet to Pine Creek..
Your resurvey finds mons at A and B, and you
prove these, but the distance between A and Pine
Creek is 410 feet. Where does the east boundary
of the parcel lie? Does boundary extend to edge
or middle of creek?
12
Distance Descriptions
50
Northerly 50 of Lot 10
Lot 10
50
Southerly 50 of Lot 10 as measured along E and W
boundaries
50
50
50
50
Westerly 50
Easterly 50

• Distance measured in straight line along the
  shortest measurable
• distance, unless stated otherwise
• Interpretation construed against the grantor