Simultaneous Conveyances vs Sequential Conveyances

I often get questions regarding simultaneous conveyances and sequential conveyances. Namely, what are the differences? It is important to understand these concepts, especially when a period of time may occur between recordation. It is also important to understand the nuances of your state regarding these concepts, because there are some minor differences on these topics from state to state.

Simultaneous Conveyances:

Simultaneous conveyances occur when parcels of land are created at the same time, often through a single instrument or deed. For example: a developer subdivides a large tract of land into smaller lots, and each lot is conveyed to a different buyer. These conveyances are like synchronized dance steps—they happen in harmony. As long as all legal descriptions are written properly, all parcels are created simultaneously will typically ensure consistency in measurements and boundaries.

Example: Lots 1 - 10 of a Subdivision, created at the same time, even if they are sold off at separate times. (Lots created at the same time.)

Sequential Conveyances:

These occur when parcels are created at different times, possibly by different grantors, using separate instruments. Imagine a historical piece of land that has changed hands over centuries, with various deeds and surveys. Here's what you need to know about sequential conveyances:

1. Time Lag: Parcels evolve over time, leading to a patchwork quilt of ownership. Each conveyance adds a layer to the land's history.

2. Senior Rights: In sequential conveyances, senior rights prevail. The first grantor's “intent” as written in the original deed controls, regardless of subsequent conveyances. If a common grantor sells parcels piecemeal or randomly, the original division of land takes precedence.

Example:

John Doe owns Lot A which contains 100 acres.

In 2000, John Doe sells off the west 60 acres of Parcel A to Tom Smith.

In 2005, John deeds the east 50 acres of Parcel A to Gary Robinson. But wait - there were only 40 acres left, able to be sold!

Because John sold the west 60 acres to Tom first, Tom would be the rightful owner of those 60 acres, and Gary would only own what John was legally able to sell to him, being the east 40 acres.

Interpreting Deeds:

When interpreting deeds, we follow these principles:

1. Parol Evidence Rule: The “intent” is what was written. The deed's meaning is determined solely from its language. Assumptions or outside evidence are generally inadmissible unless the deed is ambiguous.

2. Intent: We seek the parties' intent at the time of conveyance, not their later statements. Asking the grantor or grantee about intent isn't admissible. (We have to be careful with intent, we will discuss in more detail on future articles.)

3. Ambiguity: If the deed is clear, no outside evidence can alter its terms. Ambiguity must significantly affect the property's location to invalidate the conveyance.

In summary, simultaneous conveyances ensure uniformity, while sequential conveyances reveal the land's historical journey. Whether you're a seasoned surveyor or a curious landowner, understanding these nuances will enhance your overall legal description knowledge, and your ability to understand how some deeds will be held differently, simply by when they are conveyed and recorded.