Ran across a deed that conveyed a few lots and referenced an old record plat from the '50's that was lacking, to say the least. The rectangular lots were described in the deed by their respective lot numbers, widths (road front age) and depths, no bearings. The widths matched the plat, but the depths were stated as longer, and in one case, shorter than shown on the plat. The property developer owned the additional property that allowed the extra depth to be added. I don't think the depths have ever been questioned or disputed since first conveyance in the '50's.
Looking for other such cases and/or opinions.
Should be pretty easy to sort out by mapping what is being occupied...
Definitely the deed
The deeds say what they say but you don't mention anything about monumentation. If the developer owns the land to the rear and the deeds fall short of a common boundary, my opinion is that it comes down to the 1950's subdivision plan and any monumentation set on the outbound plan. My thoughts are that, if the outbounds can be resolved through found evidence, the filed plan would control. In cases of shorted lots or excess in others, excess and deficiency adjustments would have to be applied and corrective deeds drawn up and filed.
Sounds pretty straightforward then. In your narrative say deed says this, plat says that, and that occupation appears to follow the deed.
In your situation Plat or Deed, they would hold the same weight. A plat does not convey title. However, if a plat is referred to in the deed then it becomes part of that written instrument given both equal weight.
The plat creates the parcels and descriptions. The distances are an ambiguous and inferior call. The real questions are: Are there monuments and what did the owners do?
That is indeed the real question. However, the original question starting this thread was "Plat or deed govern?" and the answer to that question ("neither") is very important as well. I have observed on occasion that some surveyors put too much emphasis on the information shown on a plat, and tend to disregard the text of the deed, when in fact they are to be interpreted together as a unit.
