Location of Boundaries Defined by Simultaneous Conveyances--A Question of Timing.

The subject of simultaneous conveyances is a familiar one to surveyors. Simultaneous conveyances of property can result from conveyance from a platted subdivision, division of heirship property, or the surveys of the United States rectangular survey. The "apportionment rule" is frequently seen as a general method for distributing excess or deficiency in simultaneous conveyances. This paper reviews this general method and examines boundary cases involving simultaneous conveyances examined by the courts. While the apportionment rule has a place in boundary retracement, its application is limited. Thorough examination of the evidence on the ground as well as the evidence of record is conducted before the apportionment rule is used. [ABSTRACT FROM AUTHOR]