Is there ever a time that Senior right don't prevail?
I'm doing a survey of a metes and bounds parcel; there is a platted subdivision to the west that over laps by a couple feet. The metes and bounds tract is senior to the original plat description.
I don't have any evidence that the metes and bounds tract was ever surveyed. Washington wasn't a recording state until 1973.
The plat was recorded in 1960.
Once again I get to say "THIS IS WHY WE GET PAID THE BIG BUCKS'.
Happens all the time. The descriptions overlap, but when you find the original monuments, sometimes they agree with the junior deed instead
Evaluation of the field evidence, usually clears up most of those discrepancies. At least they have for me in the past.
To answer your question, yes, junior rights prevail when the junior tract is cut from the senior tract and a situation like you are describing occurs. Any errors from the senior tract will favor the junior tract in most courts.
More importantly is there evidence of occupation. There is certainty in occupation that is often lacking in the measurements of the seller and purchaser. What is a survey and absent licensing laws who is a surveyor?
The senior rights do prevail over the junior, but the Practical Location, the estoppel, and subsequent adverse possession by the platted area prevails over the senior rights.
