The map of PINE FLAT SUBDIVISION was recorded in 1920. Smith acquired Lot 1 from the subdivider in 1922.
In 1935 Smith conveyed “Lot 1 except the West 400 feet” to Jones.
In 1965 Smith conveyed “the West 400 feet of Lot 1” to Green.
Green retains you to survey this conveyance. The subdivision map shows the west line of the
subdivision to be the section line. The original subdivider held title to land only in section 10.
- The plat below shows the pertinent findings of your survey. Discuss the findings of your survey, explain how you would inform your client of your findings, and how you would complete the survey.
This is a great question in that I think many surveyors would have a difference of opinion on how to resolve this.
Here is how I see it.
The original subdivision was flawed in that they tried to subdivide land that the subdivider did not own. So the Lot 1 is about 2 feet shorter than indicated on the subdivison map.
Still, when considering the retracement of that Lot 1, you go to the original lines of the lot, and then afterwards you eliminate any of the land that was not owned by the subdivider. So that 400 feet would be measured from the original misplaced westerly line of Lot 1.
Now, we get into the problem of where is the westerly line of lot 1 and how on your map shown did you determine the dimensions to the westerly line that you are showing as measured? To me, I have an issue with that establishment based on what is shown.
Not a problem, as I believe I am going to hold that fence as best evidence of where the west line was!
This question is typical of many questions on PS or LS exam in that clearly what would be needed is more research and measurements to resolve. On these types of questions, you can only go with the information given