I have to stake a property in an older subdivision.
It's the east 95' of three stacked lots, 150' E-W, 25' N-S
The deed to the west is the west 55' of the lots, simple, just need to figure out who gets the excess.
So down to the courthouse, running deeds back I see again that I'm in the wrong business, there are probably 40 mortgage deeds on my parcel from today to 1997, no doubt they are selling the guys paper over and over, I didn't need pull them, but each time there is an entry I need to be sure it's not for me. I just wonder how much money was made churning paper like that.
Trace both parcels back and the first split was the east 140', which makes it senior, then the east 20' of the west 30', now that is senior, then the east 20' of the west 55', senior to the east junior to the west.
From the 1930's the deeds are the east 95' and the west 55' and stay unchanged until today.
Except in all the selling they somehow missed the east 5' of the west 35'. I'm not surveying the west 55' so I don't care, and of course the present owner of the east 95' has no interest, but what about the 5' strip in the west parcel?
In my opinion this is exactly the situation the 40 year rule covers.
You don't need to do anything about it in this state if you were staking that parcel, IMHO.