A land parcel identified as Lot l was divided into three parcels by deeds recorded in the following sequence:
- Morgan to Johnson – Sept. 8, 1942 – East 330 ft. of the West 1630 ft. of Lot 1
- Morgan to Smith – Jan. 27, 1943 – East 1000 ft. of Lot l
- Estate of Morgan to Brown – March 24, 1966 – West½ of Lot 1
A field survey made in September 1972 discloses that there are old existing fences located 1281 ft. and 1611 ft. Easterly of and parallel with the West boundary of Lot 1. The land between the fences contains a heavily laden grove of mature apple trees.
The original corners of Lot l were steel wagon axles set in 1915. All of these corner monuments are still in place.
Johnson, Smith and Brown have paid all taxes due on the various portions of Lot 1 since they became owners of their respective parcels.
In the plat below the distances (R) are the record distances shown on the original plat where bearings were all cardinal. The distances marked (M) are from your closed traverse around the lot as are the bearings which are shown in degrees, minutes, and seconds.
- Prepare a sketch showing the dimensions of each parcel, and explain how you arrived at your conclusions. Prepare a sketch in your workbook to a scale approximately twice the size of the sketch shown.
- Where would you set the NW and the SW corners of the land deeded to Johnson?
- How can you explain the locations of the fences?
- When you file your Record of Survey what would you do about the- fences? Explain.
I am too old to try and solve this question, but I do have a few comments on what I would look at in solving for this.
Clearly there is some issue with senior rights that would have to be considered.
With the original corners of Lot 1 all found, I would basically do what the deeds (As shown) tell me to do. Morgan may not have conveyed to Smith what they sold to them, and I would be comfortable with that.
The fences and orchard I would show on my record of survey, which I believe would be required for this. I assuming one of the owners is my client and I am not just going out looking for problems, I would advise them they might want to talk to an attorney about the discrepencies between the deed, the conveyance and the physical use of the land.
I am not going to even consider using the fences as intent, because we have the original lot corners.