I was asked to do a survey for a boundary dispute. My clients purchased a 115 acre lot in a subdivision in 1989. A few months ago an adjoining farm was being surveyed and the surveyor did not put his stakes on the same line as was staked in 1989.
I told my client there may be multiple lines on the ground that may be retraced. In fact this is the case. The subdivision that was completed and recorded in 1989 did not follow deed calls nor did he find any called for monuments. I have found enough monumentation from the 1989 subdivision to be sure where his lines were. I also pushed the survey out further and retraced where the adjoining deed calls were.
With all of that said my question is in areas where there are gaps between the deeds and the subdivision who owns the gap areas?
My thought is the owner is the person who purchased the Lot in the subdivision. My theory behind this is that baring any wording to the contrary in the deed or on the plat that the grantor intended to sell everything that he owned up to the adjoining property lines. What say you?
Seen it. Identified it. Sent it to attorney for title opinion.
If I sold you 112 acres and mistakenly kept 50 acres, I think I would want more money from you...
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Depends if there is evidence of a third parcel that is being taxed.
No additional taxes parcels. We are talking less than a half acre but it exists none the less.
How were the parcels deeded? "Original Conveyance" Does the deed of describe the subdivision map or metes and bounds. Each parcel in question. Senior rights?
In Texas there is a doctrine of strips and gores that presumes any land not specifically reserved by the grantor is granted as well. There are limitations to this, but I am not in a place to look into it at the moment. It operates just as you suggest, the intent was not for the grantor to keep a useless strip of land, but was to convey up to the line of ownership.
My clients deed specifies the Lot in the subdivision. The predecessor in title is metes and bounds.
mattsib79, post: 419570, member: 1138 wrote: My clients deed specifies the Lot in the subdivision. The predecessor in title is metes and bounds.
Is th3 different between the two what creates the gap?
Ron Lang, post: 419572, member: 6445 wrote: Is th3 different between the two what creates the gap?
The predicessor in title of the subject parcel? Is there a being the same as clause in the deed?
Ron Lang, post: 419574, member: 6445 wrote: The predicessor in title of the subject parcel? Is there a being the same as clause in the deed?
On the subject parcel?
I'm saying if there is no evidence of a third established and occupied parcel which is taxed then it doesn't exist. The question then is which of the two parcels does it belong to.
Ron Lang, post: 419572, member: 6445 wrote: Is th3 different between the two what creates the gap?
Yes
Well all other evidence aside, if a deed didn't deed it by metes and bounds or by reference to a sudivision plat. The original owner holds title to the gap.
Ron Lang, post: 419584, member: 6445 wrote: Well all other evidence aside, if a deed didn't deed it by metes and bounds or by reference to a sudivision plat. The original owner holds title to the gap.
Do you suppose it was the original owner's intent to keep the strip? What importance should intent make in retracing a boundary?
Shawn Billings, post: 419587, member: 6521 wrote: Do you suppose it was the original owner's intent to keep the strip? What importance should intent make in retracing a boundary?
I do not intend decide what was the intention of the owner. And how am I suppose to? If one parcel deeded by metes and bounds and another by a plat prepared created a gap. How am I suppose to determine the intent? Unless more intrinsic evidence exists.
Just because a parcel isn't taxed doesn't mean it doesn't exist and just because it is taxed doesn't mean it does exist.
I posed this same question to an attorney friend of mine. This was part of his response: "So i.e. I sell you property and exclude a piece for myself, you obviously don't get that, but if I don't specifically describe what I'm keeping out and there is nothing referencing my intent they I don't exclude it and sold it all to you. So basically the intent of the developer to include all his property in the subdivision would clearly show that he is conveying it all and not intending to retain anything"
As one has said...show the facts!!! And let the attorneys figure the intent!
Three questions. Do you agree with the location of the subdivision lots? Do you agree with the adjoiner's surveyor on the location of the line that ideally would be the same line? Which came first, the adjoiner's line or the subdivision plat?
Did you find monuments for the predecessor metes and bounds or are you relying on bearings and distances? Were monuments found and accepted on the original subdivision survey? Does the metes and bounds fit the boundaries of the adjoiner's.
Great minds run on the same track, billvhill.
