Lucas & Company, LLC

Deed Interpretation VI



Deed Interpretation VI – 1.5 Contact Hours
The case-in-chief is Kehoe v. Clouse, Texas Court of Appeals 2015. In this case there was a deed that conveyed land out of the southern portion of an estate. There was a second subsequent conveyance out of the same grantor that ostensibly conveyed the northern portion and balance of the estate. As the deeds were written, there were ambiguities relative to the location of the common boundary between the two properties. Surveys that were performed identified a gap of 35-38 feet along the 250-foot boundary, consisting of 0.21 acres. A lawsuit was filed with both parties claiming ownership of the gore property. Both sides claimed the gap area through the “strip & gore” doctrine and other various arguments. Left out of the arguments was the “junior/senior rights” doctrine and the real estate “merger” doctrine. Could the case have gone a different way? This is a 2-Page Letter covering 1 Court Opinion consisting of 11 pages. This 13-Page document has a 10-Question examination based on the text of the newsletter and the attached case..

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.