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Recorded Deeds One Minute Apart  

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BStrand
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I thought if it wasn't a plat it was a race to the courthouse?  Not anymore?

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A Harris
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@bstrand

That depends upon what State you are in.

Texas has always been signed, witnessed and notarized deed date.

Louisiana is race to recording.

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Jim in AZ
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Sequential

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thebionicman
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As usual it depends. The superior intrument number wins here, but the language of the deed can turn that around. 

If I record my so and so except such and such, such and such is senior regardless of the order of recording...

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Duane Frymire
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I think all jurisdictions would call it sequential if the parcels have different chains of title.  On the other hand, if this represents a subdivision, then all would agree simultaneous.  Either way, hopefully a retracement survey could be done without resorting to junior/senior rights issues.  If a subdivision by deed and nothing surveyed yet, then it will be a consideration.

If recording statutes come into play, there's too many things to list that might make it go one way or another. But that would only happen if major title problems beyond a small boundary discrepancy.

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Jim in AZ
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@duane-frymire

My State has subverted the simultaneity effect of subdivisions by suspending the statutory requirement that monuments must be place prior to the plat recordation. We now have many brand new subdivisions without any interior lot monuments. The first buyer has a survey performed and it becomes the senior parcel. Each subsequent lot surveyed becomes junior to the previously surveyed ones. 

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Duane Frymire
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@jamesf1

That's sort of the way it works in NY.  Courts recognize subdivision as simultaneous conveyance, but say the intent as evidenced by the monuments is superior to an inferred intent for all lots to be same size or same size in relation to mapped v. later surveyed discrepancies.  So, no junior/senior rights.  Honor staked lots per retracement principles. Prorate allowed in left over un-surveyed areas if it makes sense.

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Dave Karoly
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@duane-frymire

When a subdivision map is fully executed and recorded who is it conveyed to?

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BStrand
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@dave-karoly

The owner of the parcel I would assume.

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RADAR
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@dave-karoly

It would depend on the dedication, I suppose. 

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Jim in AZ
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@dave-karoly

The rights to the streets and easements are granted to the governing authority that is signatory to the plat. The lots are not conveyed until the deeds are recorded.

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Duane Frymire
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@dave-karoly

No conveyance. It's evidence of intent in subsequent conveyances.  Simultaneous conveyance is one of those legal fiction things. I think the big difference in jurisdictions is some treat it as an equitable rule, while others an evidentiary problem.

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Dave Karoly
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@duane-frymire

I’ve never seen the term “simultaneous conveyance” in the legal authorities I have read but maybe I’m not looking in the right places since it more of a title concept which may or may not bear on location. In the few apportionment decisions I have read justify it as a method to restore the lot corners to their original positions in the absence of better evidence.

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eapls2708
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@duane-frymire

I was reading the OP as being a division of a single parent parcel, thus common chains of title.  Therefore simultaneous.  I agree, if it were parcels which just happened to be adjacent to each other but had separate title, then sequential.

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Dave Karoly
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If A grants the east 100 feet of Tanglewood to B and C has knowledge of the grant then A grants the west 100 feet of Tanglewood to C the next day but C immediately records while B waits until next week nevertheless in the case of a conflict B gets 100 feet and C gets the remainder.

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eapls2708
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@dave-karoly

Accepting your unstated assumption of a record 200' wide lot, would that 100 feet be more properly measured with the foot based on the record width of the lot or some years or decades later per methods and technology which was unheard of at the time of conveyance?

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Dave Karoly
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@eapls2708

The point I’m trying to make is recording sequence does not necessarily control which has superior title in the case of a conflict.

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Duane Frymire
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@dave-karoly

Agreed, and if I recall CA is same as NY, race-notice-inquiry notice.  So even if "C" has not actual knowledge they might be charged with it anyway.

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aliquot
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@dave-karoly

This is correct, but assuming you are in a race state, the key is "C has knowledge". That can be hard to prove. This is one of the few situations where a land surveyor should punt to an attorney. 

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