About Amerisurv| Contact    
Magazine | Newsletter    
Flickr Photos | Advertise    
HomeNewsNewsletterAmerisurv DirectoryJobsStoreAuthorsHistoryArchivesBlogVideosEvents
 
advertisement


Subscriptions
Sponsored By

Software Reviews
Continuing Series
     RTN
An RTN expert provides everything you need to know about network-corrected real-time GNSS observations.
Click Here to begin the series,
or view the Article PDF's Here
76-PageFlip Compilation
of the entire series
Test Yourself

Got Answers?
Test your knowledge with NCEES-level questions.
  Start HERE
Meet the Authors
Check out our fine lineup of writers. Each an expert in his or her field.
Wow Factor
Sponsored By


Product Reviews
Partner Sites

machinecontrolonline 


lbszone.com

GISuser.com

GeoJobs.biz

GeoLearn

 

Spatial Media LLC properties

Associates

ASPRS

newsnow 

Home arrow Archives   The American Surveyor     

The Curt Brown Chronicles—More on Proration—The Surveyor And The Law Print E-mail
Written by Complied by Michael Pallamary   
Sunday, 12 October 2014

A 67Kb PDF of this article as it appeared in the magazine—complete with images—is available by clicking HERE

December 1958
Proration is applied whenever the intent of the original owner indicates that he created several parcels simultaneously with equal rights and there is no one parcel designated to receive a remainder.

Simultaneous descriptions are as follows:
1. Wills and gifts wherein none of the heirs or benefactors are designated to receive a remainder.
2. Lots in subdivisions wherein a map is filed with a governing body and no lots are sold prior to filing the map or prior to staking.
3. Lots in any subdivision wherein it is impossible to distinguish an intent to give senior rights to buyers in sequence.
4. Court proceedings in partition wherein each litigant is given a proportionate share of the whole, and no one is designated to receive the remainder.
5. Metes and bounds descriptions that are created simultaneously, and no one is designated to receive a remainder.

To illustrate when proration is applied, the following hypothetical situations are used.

Mr. Smith decides that he is going to sell several parcels of land in accordance with the wishes of the buyers. The first buyer takes the east 60 feet; the second buyer takes the west 50 feet; the third buyer takes the 80 feet immediately west of the first buyer, and the fourth buyer takes the remainder. With the fourth sale Mr. Smith files a map (under old laws any map was filed by presentation of filing fees, and in some areas this is still done) showing all four of the parcels with lot numbers. In this case, there has been a creation of parcels in sequence; hence, proration does not apply and senior rights exist in spite of the fact that there is a filed map.

Again, Mr. Smith decides to sell off parcels of land, has a plat prepared, proceeds to sell parcels in accordance with the plat, and gives each buyer a copy of the plat. In most states this procedure is now illegal (plats must be filed with a governing body), but in the past this was commonly done. In this instance proration applies, since each lot was created prior to the sale of any one lot and since the map was a consideration of each sale.

Again, Mr. Smith decides to sell off parcels of land and has a plat prepared. He then conveys each parcel by a metes and bounds description without any reference to the plat, although the parcels agree in size and shape with the plat. Proration does not apply since the buyers have no knowledge of the map nor is the map mentioned as a consideration of the deed. Each parcel has a described perimeter that cannot be construed to be a proportional part of a whole. Even if the seller intended each lot to be a proportional part of a map, the buyer could not be held to the secret intentions of the seller; the intentions must be in writing.

Again Mr. Smith decides that he will sell several parcels, has a map prepared, files the map with a governing agency, and sells lots by lot and block numbers. Proration applies since a person buying one lot is buying a proportionate part of a block and there is no way of distinguishing a senior intent or a remainder.

Mr. Smith decides to give each of his three friends one-third of his land. He has metes and bounds descriptions prepared (perimeter descriptions) that gives each an equal amount. He presents all three deeds at substantially the same time. If a deficiency or surplus is discovered, each is entitled to a share, since the intent was to create three parcels of equal size. Proration applies.

Author Michael Pallamary has compiled the writings and lectures of the late Curtis M. Brown. These works are published in The Curt Brown Chronicles.

A 67Kb PDF of this article as it appeared in the magazine—complete with images—is available by clicking HERE

 
< Prev   Next >

 American Surveyor Recent Articles
Editorial 
Thought Leader: Land is Too Important to Be Left to Land Specialists
A while back I was searching the Internet for an old treatise on land titles. A Google query yielded a book published in 1914. The author was Charles Claudius Kagey and the book was titled "Land Survey and Land Titles, a book for boys and girls, a reference volume for property owners, a text ....
Read the Article
Jason E. Foose, PS 
Decided Guidance: Wacker vs. Price - Irony in Sevenfold
This month's case takes us to Phoenix, Arizona in 1950. The Arizona Supreme Court went all guns-a-blazin' in Wacker vs. Price (216 P.2d 707 (Ariz. 1950)). Maybe it's just me, but I'm sensing plenty of irony and have taken license to point it out along the way. I like what the Court did with this case ....
Read the Article
Allen E. Cheves 
Around the Bend - A Visit to Carlson Software
The Ohio River is one of America's greatest, running near 1,000 miles between Pittsburgh and the Mighty Mississippi. Much of the coal and other products that fueled our nation's industrial expansion flowed between the shores of this maritime ....
Read the Article
Lee Lovell, PS 
Surveying & Mapping Economics Part 3 - Customers & Services
This article continues an inquiry into the economic conditions of the Surveying and Mapping industry (NAICS 541370) using data from the U.S. Census Bureau. This time we will look at customers and services. The data comes from the Economic Census conducted every 5 years on American ....
Read the Article
Jerry Penry, PS 
True Elevation: Black Elk Peak
Black Elk Peak, located in the Black Hills region of South Dakota, is the state's highest natural point. It is frequently referred to as the highest summit in the United States east of the Rocky Mountains. Two other peaks, Guadalupe Peak in Texas and ....
Read the Article
Larry Trojak 
Bringing The Goods - Mobile Scanning an Integral Component
When Jim Smith, Jerrad Burns and Charlie Patton left the Memphis division of a major construction company in 2015, they took with them the knowledge of how to get even the most complex jobs done and what equipment could best serve them in making that happen. So when they joined West ....
Read the Article
 
Lee Lovell, PS 
Test Yourself 41: Integers, Integers, and Integers
ABF is a 5:12:13 triangle, ACF is a 48:55:73 triangle, ADF is a 3:4:5 triangle, and AEF is a 7:24:25 triangle, all with integer sides and inscribed in a semi-circle. What are the lengths of BC, CD, and DE? ....
Read the Article
Wendy Lathrop, PS, CFM 
Vantage Point: Sunset or Sunrise?
While we often think of legislated government programs as static, they do change over time. Such evolution and opportunity for transformation are part of the dialogue in reauthorizing these programs. Every so many years there is a sunset on each government program, and this September is the ....
Read the Article
 

deliciousrssnewsletterlinkedinfacebooktwitter

Amerisurv Exclusive Online-only Article ticker
Featured Amerisurv Events
List Your Event Here
please
contact Amerisurv


Google
 
AMERISURV TOP NEWS

JAVAD Intros
Spoofer Buster

GOT NEWS? Send To
press [at] amerisurv.com
Online Internet Content

Sponsor


News Feeds

 
Subscribe to Amerisurv news & updates via RSS or get our Feedburn
xml feed

Need Help? See this RSS Tutorial

Historic Maps
Careers

post a job
Reach our audience of Professional land surveyors and Geo-Technology professionals with your GeoJobs career ad. Feel free to contact us if you need additional information.

 

Social Bookmarks

Amerisurv on Facebook 

Amerisurv LinkedIn Group 

Amerisurv Flickr Photos 

Amerisurv videos on YouTube 

twitter

 




The American Surveyor © All rights reserved / Privacy Statement
Spatial Media LLC
905 W 7th St #331
Frederick MD 21701
301-620-0784
301-695-1538 - fax