Given a parent platted lot that is a parallelogram approximately 660 E-W by 330 N-S with a small piece clipped out of the SW corner for a cul-de-sac radius (SW cor of parallelogram being radius point of 50' radius for c-d-s right of way line). Legal description "East 1/2 of Lot ??". Do you place the split line 330' West of the East line and parallel to that East line or do you place the line at 327.25 West of the East line and parallel to the East line which yields two parcels with approximately equal area.
Inquiring minds want to know how would you split it?
first blush: mid point of South line to mid point of North line... is there any occupation? and what does the deed for the remainder say? who is senior?
more.coffee.now
Randy Rain, post: 382759, member: 35 wrote: Given a parent platted lot that is a parallelogram approximately 660 E-W by 330 N-S with a small piece clipped out of the SW corner for a cul-de-sac radius (SW cor of parallelogram being radius point of 50' radius for c-d-s right of way line). Legal description "East 1/2 of Lot ??". Do you place the split line 330' West of the East line and parallel to that East line or do you place the line at 327.25 West of the East line and parallel to the East line which yields two parcels with approximately equal area.
Inquiring minds want to know how would you split it?
If it is not Federal land each parcel must be of equal area... The location and orientation of the split line(s) should be determined by the owner.
The short answer is half by area, split line parallel to the east line of the parent tract (unless the west half Deeded out first).
The slightly longer answer is there are no rules about the orientation of the split line, it can technically be anything as long as the areas are equal.
Other things may influence the answer such as the line already being established.
Florida common law may have something to say on the subject too. Usually the Courts favor the plain meaning over the technical meaning of the words unless there is a clearly expressed contrary intent.
If the cul-de-sac was there when the lot was divided with no evidence of the dividing line or other evidence of intent, the equal area would be seem best. This is assuming that there is road along the south line and not just at southwest corner.
Regarding the cul-d-sac, California has case law to the affect that half is half of the usable area. The street is not usable area.
As with all of these rules, they operate like presumptions, if there is a clearly expressed contrary intention then the rule does not apply.
Platted lot, Cul-De-Sac existed at the time of the split, so it looks like equal area. No road along the South line, only at SW corner (road runs S from C-D-S), East 1/2 is accessed via 15' ingress/egress easement over South 15' of Lot. Can't determine Jr/Sr rights without a trip to Courthouse (which is definitely on the agenda).
So your saying that only 1 lot will have road frontage? Is there some access agreement that gives the easterly lot access. Am I missing something?
lmbrls, post: 382813, member: 6823 wrote: So your saying that only 1 lot will have road frontage? Is there some access agreement that gives the easterly lot access. Am I missing something?
Randy said above "East 1/2 is accessed via 15' ingress/egress easement over South 15' of Lot."
If the cul-de-sac is at the corner of the lot, how does the other half get access to a public highway?
Paul in PA
