Civil Engineering Reference
In-Depth Information
Fig. 14.3
Junior and senior rights
which he believes has 200 feet of frontage on Main Street. He decides to sell off
two house lots; one this year and one next year. Each house lot will have 100 feet
of frontage on Main Street. Mr. Short retains Mr. Cheepin Quick L.S., a land sur-
veyor, to draw a plan to be used in creating the legal description of the first lot.
Mr. Quick draws a plan showing 100 feet of frontage and Mr. Short uses this plan
as the basis of a legal description to convey the first lot. The plan can be seen in
Fig.
14.3
. Right after the survey, the lot is sold to Mr. Primo. One year after the
sale of the first lot, Mr. Short retains Mr. Quick again to draw a plan showing the
remaining lot. Mr. Quick prepares a second plan, which shows 100 feet of front-
age for the second lot. This second plan is used to create a deed description for the
second lot, which Mr. Short then sells to Mrs. Sequent. Mr. Short has now con-
veyed two parcels of land, each having 100 feet of frontage on Main Street.
Junior and Senior Rights are rights which are acquired as a result of a
sequence of conveyances made by a common grantor.
A few years after Mrs. Sequent acquires her lot she decides to put up a fence on
the boundary between her lot and the lot owned by Mr. Primo. In order to save
money, surveyor Cheepin Quik did not set any markers on the common boundary
between Mr. Primo and Mrs. Sequent. Mrs. Sequent retains Mr. Slobut Thoreau,
a surveyor, to monument the line so that she will know for certain she is con-
structing the fence on her own land. The deeds for the lots make no mention of
monuments; they only say that each of the lots has 100 feet of frontage on Main
Street. When Mr. Thoreau measures the frontage of both lots on the ground, he
determines that there is only 190 feet of frontage, not 200 feet as called for in the
record descriptions. How should Mr. Thoreau stake out Mrs. Sequent's lot? Should
each lot lose 5 feet or should one of the owners lose the whole 10 feet?
