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possible senior rights...

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dave-karoly
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Deed 1: Commencing at the northeast block corner, thence west 100' to the point of beginning, thence west 60' more or less to a point 140' east of the northwest block conrer, thence south 140', thence east 60' more or less, thence north 140' to the point of beginning.

Deed 2: (into the neighbor on the west) Commencing at the northeast block corner, thence west 155' to the point of beginning, thence south 140', thence east 5', thence north 140' to the north line of the block, thence west 5' to the point of beginning.

Deed 3: (20 years later) Commencing at the northeast block corner, thence west 100' to the point of beginning, thence west 55', thence south 140', thence east 55', thence north 140' to the point of beginning.

The block is really 299' wide.

The east edge of the occupation (fence, concrete walk and building) of the owner of the 5' strip is 145' east of the northwest block corner and 154' east of the northeast block corner. I think it is reasonable to say the owner of the 5' strip expected to get 5' from the grantor, not 4' from the grantor and 1' from himself.


 
Posted : January 27, 2013 7:56 pm
Marc Anderson
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What's the occupation look like?


 
Posted : January 27, 2013 8:07 pm
jhframe
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Something Looks Funny

If I'm reading the descriptions correctly (big if), this is what it looks like using record dimensions:

I'm not understanding who granted what to whom.


 
Posted : January 27, 2013 10:10 pm
jud
 jud
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Looks like Deed #2 might have the East-West directions turned around, unlikely that the intent was to convey a 5 foot strip inside of Deed # 2. Sounds like the Block was established when Deed 1 was created, it is senior, but occupation may have some bearing on what is held. Deed 3 gets what was intended, less one foot of the remainder of the Block width if deed 2 is corrected to the probable intent. Again what did the owners do, probably harmony until the holder of Deed 3 came out of the woodwork and wanted the land described, regardless of established harmony.
jud


 
Posted : January 28, 2013 10:28 am
Marc Anderson
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Remember, title seniority in most jurisdictions is not about the sequence of the conveyances.....

It has to do with the individual states Recording Statutes and "notice".......


 
Posted : January 28, 2013 12:14 pm