Simultaneous Conveyances

1. Simultaneous Conveyances

3. Monumentation vs Protraction Two Methods: 1. Original survey with monumentation In this case original survey and monuments control over plat 2. Protraction (lots created on paper) Lots are located by measurement from subdivision boundary Permanence of Lines: Once a lot, street or block line within a subdivision is established by the original surveyor and the land is sold in accordance with the original plat, the lines originally marked and surveyed are unalterable except by re-subdivision This principle does not apply to lines erroneously established by later surveys (not original)

4. Conflict between Plat and Mons A subdivider (e.g. developer) who incorrectly describes the boundaries of a subdivision lot, but owns all the land monumented, conveys title to the land incorrectly described (per monuments) Surveyor has no right to change the positions of the lots after new owners have acted with respect to physical mons, even though they were not set in accordance with his/her plat or field notes Original set mons control facts given on plat, unless intent is clearly otherwise Most state laws require lots to be surveyed before any lot is sold

5. Sources of Evidence Senior rights may apply on the perimeter of the subdivision Original natural monument Original artificial monument set within subdivision Survey line controls if gap and call for adjoiner Uncalled for monuments may become controlling through common report Sometimes improvements built soon after monumentation and long agreed to, may be better evidence than distances, bearings, etc. When two monuments, otherwise equal, are in conflict, the one most in harmony with distances, bearings and area controls

6. Senior Rights on Subdivision Boundary

7. Uncalled for Monuments - Exceptions If Plat states “…surveyed by Jane Surveyor..” – the assumption is that mons were set even though they are not specifically called for or described If surveyor consistently finds mons in subdivision that are similar in material (e.g. redwood stakes) and/or parole evidence points to original surveyor having set mons (even though not mentioned on plat), then mons can gain the status of called for mons Common Report: If (1) monument is commonly accepted (2) occupies a position which could be the original corner (3) cannot be disproved Then it can be regarded as an original called for monument in your evaluation of boundary evidence

8. Establishing Streets Applicable when: No natural mons or lines actually run by original surveyor Located properly when original mons were in existence Established using the following hierarchy of evidence: Natural mons Artifical mons and lines actually run at the time the plat was made Improvements Line of nearby streets Measurements given on plat Proportional measure (proration)

10. Establishment of Street lines from Nearby Streets In the absence of artificial mons and evidence of surveyed lines AND a street is plotted as being a continuation of nearby streets, then the line of nearby streets is presumed to control Call for the line of a street = call for record mon (adjoiner)

11. Establishment of Streets by Plat Where no mon, street lines or other superior evidence is found the width of the street, distances and angles on plat will control (measurements)

20. Proration – last resort

21. Proration Principles Only applied on simultaneously created parcels not metes and bounds Is not applied on the perimeter of the subdivision Applied as a single proportionate measure between two fixed points within subdivision in proportion to distance between found mons Applied to curves in a similar manner If possible, should be confined to a single block Where end lot has no record measurement, excess or deficiency placed in that lot Remnant rule (usually not applied) – excess/deficiency placed in irregularly shaped lot at end of block