California Surveyors Forums

Question is: How wide does a gap between adjacent owners have to be in order to be cleared by a quiet title action?

Scenario: Owner 'A' owns the East 10 acres of the North 20 Acres of Lot 7. Owner 'B' owns a metes and bound description which starts at the Northwest corner of Lot 7 thence South 660' thence East 660' thence North 660' thence West 660' to the POB (located in Section 19). Attached is the Map. Your survey reveals that the North line of Lot 7 is 1320.73' leaving a small gap between the two owners.

Any feedback would be welcomed.

Thanks

No gap. 660' is a standard division of the record distance. 660' (R) = 660.365'(M) in this instance.

If there was no intent to reserve a portion of land between the described parcels, then there can be no third parcel in between. In this case, given the probable precision and quality of the measurements in 1904 where the map gives the dimensions to the nearest 5' (a few of the meander courses are to the nearest ft, but most to 5'), if you are within 2 or 3 feet, you're right on record!

Think about the work you're following and don't create problems that won't exist unless you give them some credibility of being real.

Can't view the attachment for some reason, but what Evan said (it's a popular theme on here these days).

So, when you are on the site, standing in the middle of the north line, is there a 0.73'-wide patch of land between fences or completely overgrown with vegetation?

I'm going to bet that there isn't. Likely, the owners have lived together in harmony since sometime after 1904 when the deeds were first granted. Neither of them have ever considered that there might be a gap between the two parcels.

That's because the gap only exists in the mind of the surveyor and no where else. The analysis of the measurements is the source of the discrepancy, no the measurements, the descriptions or the map.

The question to ask is how the descriptions are worded, including the wording on the cover sheet, and when they are dated. Is one senior and the other junior? How do the improvements fit with the measurements?

BTW, the attachment is in poor shape. Can you upload a PDF file of the image, please?

Some would say and as they have pointed out here, the gap must have some useful purpose. Additionally , the gap must be large enough to have some economic value.