Location of Boundaries Defined by Sequential Conveyances—A Question of Timing
Abstract:Whether a land boundary has been created by sequential or simultaneous conveyance materially affects the conduct of the boundary retracement. This is because the courts have used different rules to apportion excess and deficiency occurring between parcels created by simultaneous and sequential conveyances. Sequential parcels are those created by conveyances written at different times and made without reference to a common scheme of subdivision. This paper examines the general rules that have been developed for the retracement of parcels created by sequential conveyances. In addition, the authors examine specific cases where the courts have ruled on the location of boundaries for sequentially created parcels.
Document Type: Research Article
Publication date: September 1, 2006
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