Problem: Legal Descriptions: Priority of Calls

When two adjoining descriptions are unamiguous and correct on their faces but are found to be overlapping in the field, which solution is most likely corect? One parcel is junior to the other.

(a) The overlap belongs to the senior parcel.
(b) The overlap is equitably proportioned between the parcels, regardless of seniority.
(c) The solution is completely dependent on the extent of the overlap.
(d) The overlap belongs to the senior parcel, unless monuments called for in the junior description would be violated.

Answer is (A)

Solution: A senior right is superior to all other written rights when interpreting a legal description. This is problem 20(7-11) from the new second edition of ”1001 Solved Surveying Fundamentals Problems” by Jan Van Sickle, PLS. Reprinted with permission from ”1001 Solved Surveying Fundamentals Problems” by Jan Van Sickle, PLS, (1997, 728 pp., Professional Publications Inc.). For details on this and other FLS exam-prep books, call 800/426-1178 or visit www.ppi2pass.com .