Within the last year I have taken a few survey courses to further myself and my career in the field, and possibly work toward licensure. In a recent course, senior rights were discussed briefly and what was discussed seemed to disagree with what I was being taught as an employee. Through my studies, curricular and extracurricular, I was of the opinion that in a platted subdivision where there is a governing set of control, i.e., centerline PCP(s) or plat PRM(s) , are what ruled and senior rights were non-existent given that all lots were created at the same time along with the subdivision. The course material did not go into depth as to when and where seniors could exist in a platted subdivision, or if they could exist, only that because all of the lots were created at the same time, no matter what time an owner were to purchase, there were no senior rights. Senior rights may exist along plat lines but not within the plat boundary once created. I was curious as to what other opinions would be on such a topic, as what I was being taught vs what being told by others differed so greatly. I would love it if there anyone had a court case reference as to such!?ÿ?ÿ
You are correct that since a subdivision creates all the lots simultaneously there can be no seniority.?ÿ
One plat monument is equal in law to every other plat monument, be it in the centerline of the road or be it on a lot line. Of course the surveyor may have greater confidence in monuments which have been encased in asphalt over those that have endured the fencing contractors wrath, but that is a professional judgement call, not a maxim of law.?ÿ ?ÿ?ÿ
I've had many junior/senior rights issues in platted subdivisions. They are often filled with them.
Senior/Junior rights do not apply to the lot lines (except there may be obscure caselaw where senior rights were applied to a lot line).
However senior/junior rights could apply to later subdivisions by Deed of a Lot. An example is say the west 50 feet of a 100 foot wide Lot is Deeded to Kramden in 1950 and the east 50 feet is Deeded to Norton in 1951. A recent survey reveals the Lot is only 95 feet, Kramden would get 50 feet and Norton would get 45 feet.
The only case that I can think of, other than the some special case, is in unrecorded plats. In which senior/junior right do exist.?ÿ
As far as I know the only place with case law establishing junior/senior right in platted subdivisions is in Pennsylvania. ?ÿ
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Like Norman Oklahoma stated, same thing here.?ÿ?ÿ
In Florida, Platted Subdivision Lots are created simultaneously, resulting in no junior or?ÿsenior rights.?ÿ ??ÿ
The OP didn't qualify junior/senior rights in a subdivision to lot lines. I've had hundreds of surveys in subdivisions with junior/senior rights issues, chapters in surveying are dedicated to the issue,,,,,,what am I missing here?
In some Cities the practice was to subdivide into blocks only then the blocks were subdivided by metes and bounds descriptions.?ÿ Senior/junior rights would apply in those cases.
Cases may be limited to their facts.
Although not exactly a junior/senior rights issue, when all the lots in a block of a platted subdivision have dimensions on the plat (width of 100.00', for example) except the end lot (or any single lot in the block), any excess or deficiency in the block is not prorated through all the lots in the block, but applied only to the dimensionless lot. At least that is what I recall. It's been 3 decades since I studied and applied this stuff. I don't work with much boundary law in geodesy these days.
Doctrine of Simultaneous Conveyance.......?ÿ but as with anything, it depends ? ?ÿ
It is typical in platted subdivisions that all lots created are not or cannot be subdividable. It is possible that a filed map establishes a large parcel to be subdivided at a later date. In that case the existing subdivision and all it's lots are senior to any subsequent subdivision of that parcel made later. I have surveyed against subdivisions that have had two , three or more lots resubdivided to rearrange lot lines to make builder errors conforming or to accommodate conditions that were not evident at the time of the original subdivision. Because there is no guarantee that original surveyor does the resubdivision one may find discrepancies in lines. I had one where I found it necessary to look for and hold the original corners and called the resubdivision corners, over or short of the established line. Typically if I find subdivision outbound corners to be in conformity to the filed map, I tend to ignore kinks made by individual lot corners.
In one instance I was surveying for a house stakeout and found scribner's errors on a recent filed map. I contacted the original surveyor and he corrected and refilled the map. That was preferable to?ÿfiling any single lot correction with extensive explanations. I have had to do such on ancient filed maps and the lawyer costs much, much more than me. I am currently waiting on word from an attorney on an access agreement, missed by the original subdivision and two subsequent resubdivisions. It involves three landowners, three attorneys. I did my field work and map, sat down with client's attorney and client for 2 hours 3 months ago. It is something that should have been addressed in the original subdisivion, and the only result I can see is a properly worded document, however lawyers do what lawyers do and they may come to a solution that does not reinvolve me.
James Fleming, I would appreciate some reference to such case law.
Paul in PA
James Fleming, I would appreciate some reference to such case law.
It's in Knut's book, which is in my office and I'm working from home today.?ÿ I'll get it to you tomorrow.?ÿ
It was also a question on the state exam
I have Knut's book?ÿ and will look.
Paul in PA
SPMPLS,
Typically all regular lots retain regular dimensions and the odd lot, becomes odder.
Paul in PA
