sequential - SEQUENTIAL CONVEYANCES Definition: Sequential...

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SEQUENTIAL CONVEYANCES Definition: Sequential conveyances are those written deeds in which junior and senior rights exist between parcels due to their being created at different times through different instruments . In contrast simultaneous conveyances are parcels created at the same time through the same instrument. General Guidelines: 1. Occupancy/possession that has ripened into a legal right is superior to all written title to that land (“possession is 9/10ths of the law”) 1. On private land, senior rights take precedence over junior rights 2. When there are ambiguities in a patent usually these are resolved in favor of the government 4. Written intentions of parties take precedent over unwritten intentions [297-302]
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Hierarchy of Deed and Title Evidence Possession Rights Senior Rights Written Intentions of Parties Call for a survey Call for monuments natural artificial Adjoiners Distance/Direction Area Coordinates [307]
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Junior and Senior Rights involving the State A patent from the state is regarded as a Quitclaim Deed . All ambiguities are construed against the Grantee (“Govt. is never wrong!”) Junior and Senior Rights involving Private Parties A senior deed (and description) takes precedence over a junior deed . All ambiguities are construed against the Grantor Surveyors should research senior rights (except when working from a title policy which has already determined seniority Pollard (1956) Cardo (1960) Overlap goes to senior deed holder (Pollard) What about gaps?? [308-309]
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SENIOR RIGHTS PROBLEM Original parcel (A-B-C-D) described as:  “. . . and thence to the NW corner of the parcel, a 1 inch iron pin and the POB for this description;  thence east a distance of 200 feet to a 1 inch iron pin; thence south a distance of 300 feet to a 1  inch iron pin; thence west a distance of 200 feet to a 1 inch iron pin; thence north a distance of 
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This note was uploaded on 07/08/2011 for the course SUR 4403 taught by Professor Staff during the Spring '08 term at University of Florida.

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sequential - SEQUENTIAL CONVEYANCES Definition: Sequential...

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