@pls8xx A.
If we are talking about ambiguities and how to resolve them we first should eliminate the ambiguities in the quiz.
Question 2 the NE corner of what?
Question 3 the SW corner of what?
Question 3 did he sell the remainder or did he sell the conflicting description? It can't be both because if he sold the remainder there is no conflict.
Having selected the correct location by Junior/Senior Rights, is this the correct legal boundary between Brown and Jones, yes or no?
I didn't answer this because I thought it would be a question best left for a lawyer to answer. If I were to take a stab though I'd say yes. Based on my armchair understanding of warranty deeds I assume Brown could sue for damages since what was described in his deed is not what was conveyed.
I want to back up to the beginning of this discussion.
As a surveyor I prefer rules that are unwavering and absolute, such as 2 + 2 always equals 4. Legal principles are a disappointment. Just when I think I have it in hand, like a slimy eel it slips away.
For every legal principle I study, there seems to be an exception, and sometimes an exception to the exception. Then it gets even more confusing when legal principles are compared to surveying principles.
And so readers won't have to turn back a page to see the 'quiz'
Facts.
1. Jones owns the SE1/4 SW1/4.
2. In 2021, Jones sells a tract in the east part to Smith by Warranty Deed with a metes and bounds description from the NE corner.
3. In 2022, Jones sells his remainder of the SE1/4 SW1/4 to Brown by Warranty Deed with a metes and bounds description from the SW corner.
4. In 2024, Smith sells his tract back to Jones with the same land description in the deed Jones to Smith.
5.In 2025 you are hired by Brown to survey his tract and you find the description of the Brown and currant Jones deeds overlap by a sizeable amount.
Using the survey principle 'Junior Senior Rights', the correct location of the boundary common to Brown and Jones would be:
A. Consistent with the 2021 deed Jones to Smith.
B. Consistent with the 2022 deed Jones to Brown.
C. Half the distance from the overlap lines.
D. Split the overlap by prorating the Brown and Jones ownership.
E. None of the above.
My little 'quiz' was designed to be a classic case for Junior/Senior rights as well as an example of an exception. Surely many of the readers have a good understanding of the survey principle, so I will only give my view of the appropriate law. I begin at the fact start and go forward with the 'quiz' answer in color.
Jones sells to Smith. A
Jones sells to Brown overlapping deed to Smith. Law- A grantor cannot convey an interest he does not have. Both Survey and Law has the common boundary consistent with the Smith deed. A
Smith sells back Jones. By Junior/Senior rights the common boundary does not change, as the principle is based on the date the tracts were created. By Law, the warranty Jones gave to Brown prevents him from claiming the overlap area. Thus the instant Jones regained ownership, Brown's deed became good in it's entirety. The legal concept is 'Estoppel By Deed' or 'After-Acquired Title Doctrine'. This is an operation of law and does not require a court action. B
The correct location for the common boundary is not at 'A' by reason of Junior/Senior rights, but at 'B' by reason of Estoppel By Deed. The boundary will remain the same through multiple sales of the tracts.