Finding the fence north about 5 feet of the aliquot division the surveyor
notifies client “X” about the situation and that he may wish to contact the
adjoiner property owner person “N”. Person “N” contacts his own
surveyor that finds the same results as client “X’s” surveyor. Person “N’s”
surveyor decides to run chain of title for the S1/2NE1/4. The surveyor
discovers that the original conveyance from Person “A” to Person “B” was
the south 1320 feet of the NE1/4 and that in a subsequent conveyance the
description was re-written to the S1/2NE1/4. “N’s” surveyor contacts “X’s”
surveyor and review the documents. It is agreed that “X’s” south line is at
the location of the fence and that there appears to be a gap between “N’s”
& “Q’s” north line and “X’s” south line. Discussion. Who owns the 5 foot
strip & why? Why doesn’t client “X” get all of the N1/2? Document Preview:

Lahontan Chapter MeetingJunior/Senior Rights within Simultaneous Created ParcelsProvide a couple of paragraphs describing your analysis and opinion of the two scenarios in the Junior/Senior rights derived from a simultaneous origin.Simultaneous Created Parcels – Parcels of land that by means of a recorded or authoritive entity approved document that displays the division of land with multiple parcels within its perimeter boundary. The parcels shown at that moment in time upon the parent document when recorded or approved establish all parcels as equal with no Junior/Senior rights with reference to parcels contained within the parent document and it’s boundaries. Any discrepancies involving location of interior parcel boundaries discovered at a later date without monuments as described or shown upon the parent document shall be established proportionately between existing monuments of record or valid and proven perpetuation of the original monuments. Examples of “Simultaneous Created Parcels”: Tract Maps, Parcel Maps, Subdivision Plats, Land Division Documents, Public Land Surveys and others. Depending upon state law or regulations these could be created in a variety of formats and records.The topic of tonight’s discussion will be the division of a simultaneous created parcel and how junior/senior rights may have an impact upon this further division of the land by separate documents.Scenario: “A”Client “X” requests a surveyor to survey and mark his corners upon the ground. He provides the surveyor with his deed description of his parcel, that was recorded on May 1, 2009, which reads “Being the N1/2NE1/4 of sec. 7, T.38N., R.56E., M.D.M.”The surveyor’s research does not indicate any previous surveys had been performed or recorded other than the original Government Survey of 1891. The surveyor runs chain of title for the parcel in question and finds that the only other document of record is the original patent in July 18, 1903 for the…

Attachments:

Junior-Senior….pdf