PS Exam Preparation

Comprehensive preparation for the NCEES Principles and Practice of Surveying (PS) exam. 5 modules covering all 5 exam domains with 50 in-depth topics.

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Lesson 8

Sequential & Simultaneous Conveyances

Learning Objectives

After completing this topic, you should be able to:

Distinguish between sequential and simultaneous conveyances
Apply senior/junior rights to resolve overlapping descriptions
Identify the major types of deeds and their legal implications
Explain the doctrine of proration and when it applies
Describe how simultaneous conveyances from a common grantor are resolved
Understand the role of recording statutes in determining priority
Analyze deed language to determine the grantor's intent

Overview

The manner in which land is conveyed -- whether parcels are sold one at a time (sequentially) or all at once (simultaneously) -- profoundly affects how boundaries are determined when descriptions conflict or overlap. The surveyor must understand the doctrines of senior and junior rights, the legal characteristics of different deed types, and the rules for proration that apply when a grantor conveys more or less land than they actually own.

These principles are deeply intertwined with the hierarchy of controlling elements (Topic 1.5), particularly the senior rights doctrine. The practical application of conveyance law is something the boundary surveyor encounters on virtually every retracement survey.

Key Concepts

Sequential Conveyances

Figure PS.1.49 — Sequential conveyance: senior lot prevails on overlap

Sequential conveyances occur when a common grantor sells parcels from a larger tract one at a time, over a period of time. The first parcel sold creates the senior conveyance; subsequent sales create junior conveyances.

The Senior/Junior Doctrine

The fundamental rule: first in time, first in right (prior tempore, prior jure).

When a grantor makes sequential conveyances from the same parent tract:

Conveyance	Status	Rights
First sale	Senior	Gets exactly what the deed describes (measured first)
Second sale	Junior	Gets what is described, but cannot take from the senior
Third sale	More junior	Gets the remainder after senior and second grantee
Last sale	Most junior	Gets whatever is left

The senior grantee's rights are paramount. If the senior description overlaps with a junior description, the senior grantee prevails in the overlap area. The junior grantee can only receive what the grantor still had to give at the time of the junior conveyance.

Example: Grantor owns a 100-foot-wide lot.

January: Grants the west 55 feet to A (senior)
March: Grants the east 55 feet to B (junior)

The total exceeds 100 feet by 10 feet. A (senior) gets the full west 55 feet. B (junior) gets only 45 feet (the remainder after A's senior conveyance).

Resolving Sequential Overlap

When sequential conveyances overlap, the surveyor:

Identifies the chronological order of conveyances
Measures the senior conveyance first, giving it full effect
Measures the junior conveyance from what remains
The junior bears the excess or deficiency

This is not a matter of splitting the difference -- the senior gets exactly what was described, and the junior absorbs the discrepancy.

Simultaneous Conveyances

Simultaneous conveyances occur when a common grantor divides a tract into multiple parcels and sells (or records) them all at the same time. The most common example is a subdivision plat, where all lots are created and placed on the market simultaneously.

No Senior/Junior in Simultaneous Conveyances

When conveyances are truly simultaneous, no parcel has seniority over any other. All grantees have equal rights. This means that when descriptions conflict or the total exceeds the available land, the resolution is different from the sequential case.

Proration is the primary tool for resolving simultaneous conflicts. See below.

When Is a Conveyance "Simultaneous"?

Conveyances are generally treated as simultaneous when:

All parcels are created on the same recorded plat or final map
All conveyances are dated and recorded the same day
The grantor's intent was clearly to create all parcels at once
The plat or plan shows a comprehensive division of the parent tract

Even if individual lots from a subdivision are sold on different dates, the plat itself represents a simultaneous division. The lot lines shown on the plat are the boundaries, and all lots have equal standing relative to one another.

Proration

Figure PS.1.50 — Proration of excess/deficiency among co-equal lots

Proration is the equitable distribution of excess or deficiency among parcels when the total of all described dimensions does not match the actual available distance. It applies primarily to simultaneous conveyances.

When Proration Applies

All parcels were created simultaneously (same plat, same grantor, same time)
The total of the described dimensions exceeds or falls short of the measured distance
No monuments or other higher-ranking evidence resolves the discrepancy
The parcels are described by a common scheme (all by dimensions along a line)

How to Prorate

The basic formula distributes the excess or deficiency proportionally to each parcel based on its described dimension:

Adjusted dimension = Described dimension x (Actual total / Described total)

Example: A subdivision plat shows four lots along a block face:

Lot 1: 50 feet
Lot 2: 60 feet
Lot 3: 50 feet
Lot 4: 40 feet
Total described: 200 feet
Actual measured distance: 198 feet (2-foot deficiency)

Proration distributes the 2-foot deficiency proportionally:

Lot 1: 50 x (198/200) = 49.50 feet
Lot 2: 60 x (198/200) = 59.40 feet
Lot 3: 50 x (198/200) = 49.50 feet
Lot 4: 40 x (198/200) = 39.60 feet
Total: 198.00 feet

Common wrong path — prorating sequential conveyances. The proration formula is tempting because it looks fair — everyone shares the discrepancy. But it applies only to simultaneous conveyances. In sequential conveyances, the senior grantee receives the full described dimension and the junior absorbs the entire excess or deficiency. A student who prorates a sequential conflict will deprive the senior grantee of part of what they were contractually promised — a legal error, not a numerical one. The first question on any conflict-of-dimensions problem is: were these conveyances simultaneous or sequential? Look for dates of conveyance; if the deeds are dated the same day (or reference a common plat), simultaneous. If dated different days, sequential — no proration, senior takes all.

Quick retrieval check — try before reading on.

▶Grantor X owns a 500-ft-wide parcel. On March 1, X deeds the west 300 ft to A. On June 1, X deeds "the remainder of the parcel, approximately 200 ft wide" to B. Upon retracement you find the parent parcel is actually 495 ft wide. How much does B receive?

195 ft. These are sequential conveyances (March 1 vs June 1), so senior rights apply. A takes the full 300 ft described. B, as the junior grantee, receives only what remains: 495 − 300 = 195 ft — 5 ft less than the "approximately 200 ft" the deed suggested. The word "approximately" and the "remainder" language signal that B accepted whatever was left. If the conveyances had been simultaneous (same day, same plat), you'd prorate: A = 300 × (495/500) = 297 ft; B = 200 × (495/500) = 198 ft. Different doctrine, different result.

When Proration Does NOT Apply

Sequential conveyances: The junior absorbs the full discrepancy
Monuments found: If lot corner monuments are found in place, they control over dimensions
Unequal evidence: If one lot has stronger evidence (an original monument, for example) than others
Clear intent: If the plat or deeds show that the grantor intended a specific lot to absorb the remainder

Types of Deeds

Figure PS.1.51 — Deeds ranked by protection (warranty / special / quitclaim)

The type of deed used in a conveyance affects the grantor's liability and the grantee's protections:

Grant Deed

A grant deed (common in many western states) carries two implied warranties. Note: a bargain and sale deed is a related but distinct instrument in some jurisdictions — it implies the grantor holds title but typically makes fewer warranties than a grant deed.

The grantor has not previously conveyed the same property to another
The property is free from encumbrances made by the grantor (except those disclosed)

Feature	Detail
Warranties	Not previously conveyed; free from undisclosed encumbrances
Grantor liability	Limited to the grantor's own actions
Common use	Standard residential and commercial transfers
After-acquired title	Passes to the grantee (in most jurisdictions)

Warranty Deed (General Warranty Deed)

A warranty deed provides the broadest protections. The grantor warrants:

Covenant of seisin: The grantor owns the property and has the right to convey it
Covenant of right to convey: The grantor has legal authority to make the transfer
Covenant against encumbrances: The property is free from liens, easements, or other encumbrances (except those stated)
Covenant of quiet enjoyment: The grantee will not be disturbed by superior title claims
Covenant of warranty: The grantor will defend the grantee against all title claims
Covenant of further assurances: The grantor will execute any additional documents needed to perfect the title

Warranty deeds provide protection against defects arising from any prior owner, not just the current grantor.

Quitclaim Deed

A quitclaim deed conveys only whatever interest the grantor has at the time of the conveyance, with no warranties whatsoever.

Feature	Detail
Warranties	None
What is conveyed	Whatever the grantor has, if anything
Grantor liability	None -- "as is" transfer
Common use	Clearing title clouds, transferring between family members, resolving boundary disputes
After-acquired title	Does NOT pass

Critical for surveyors: A quitclaim deed does not guarantee that the grantor owns anything. If the grantor has no interest in the property, the quitclaim deed conveys nothing. However, a quitclaim deed from a prior owner can be important evidence in resolving boundary disputes.

Patent

A patent is a conveyance from the government to a private individual. It represents the original transfer of land from sovereign ownership to private ownership.

Feature	Detail
Grantor	Federal or state government
Type	Original conveyance from sovereign
Significance	Creates the first private title; establishes the chain
For surveyor	The patent description and referenced survey are the foundation of the chain of title
PLSS connection	Federal patents reference the PLSS survey (section, township, range)

The patent is the beginning of the chain of title. All subsequent conveyances derive their authority from the patent. The original government survey that the patent references establishes the original boundaries.

Deed of Trust

A deed of trust is a security instrument used in many states instead of a mortgage. Three parties are involved:

Party	Role
Trustor (borrower)	Conveys legal title to the trustee as security for the loan
Trustee	Holds legal title in trust; reconveys upon full payment
Beneficiary (lender)	Holds the beneficial interest; receives payment

A deed of trust is an encumbrance on the property, not a conveyance of ownership. The trustor retains equitable title and possession. Upon full payment of the debt, the trustee reconveys legal title to the trustor.

Recording Statutes

Figure PS.1.52 — Race / Notice / Race-Notice recording statutes

Recording statutes determine the priority of competing claims to the same property. Three types exist:

Type	Rule	Priority
Race	First to record wins regardless of notice	Recording order
Notice	A subsequent BFP without notice prevails over an unrecorded prior conveyance	Good faith purchase without knowledge
Race-Notice	A subsequent BFP who records first prevails	Both must occur: no notice AND first to record

BFP = Bona Fide Purchaser (one who pays value in good faith without notice of prior claims).

Implications for surveyors:

The recorded chain of title is the starting point but may not tell the whole story
Unrecorded deeds may exist and may affect boundaries
The recording date establishes the priority for sequential conveyances
A thorough title search is essential to identify all conveyances affecting the property

The Remainder Parcel

When a grantor sells off portions of a larger tract, the remainder (or retained parcel) is what the grantor keeps. The remainder is typically:

Not described by a separate deed (it is what is left after all conveyances)
Subject to all deficiencies and excesses in the described parcels
The most junior interest (absorbs errors in the described conveyances)
Described by reference to the parent tract minus the conveyed parcels

The surveyor must be careful when surveying remainder parcels because their boundaries are defined by the boundaries of the parcels that were carved out of them.

Exam Tips

Sequential conveyances: senior gets full measure, junior absorbs the discrepancy
Simultaneous conveyances: prorate the excess or deficiency proportionally
Proration formula: Adjusted = Described x (Actual total / Described total)
Proration does NOT apply when monuments are found -- monuments control over dimensions
Grant deed implies not previously conveyed and free from grantor's encumbrances
Warranty deed provides the broadest protection (six covenants)
Quitclaim deed provides NO warranties and conveys only whatever interest the grantor has
Patent is the original government-to-private conveyance -- the start of the chain of title
Know the three recording statutes: race, notice, race-notice
A remainder parcel is the most junior interest and absorbs errors
The recording date typically determines which conveyance is senior
When exam questions involve overlapping descriptions, first determine if the conveyances are sequential or simultaneous, then apply the appropriate doctrine