The hook
When a parcel is split into pieces, the order of the splits matters. Sequential conveyances (one deed at a time, over years) create senior rights — the earlier deed wins where they conflict. Simultaneous conveyances (a subdivision platted all at once) split excess and deficiency proportionally. Picking the wrong rule transfers acres in the wrong direction.
Memorize these
Concepts that show up on the exam
Sequential conveyance
Parcels deeded out one at a time over years from a parent tract. The FIRST deed (senior) controls; later (junior) deeds get whatever is left.
Simultaneous conveyance
Parcels created at the same instant — typically by a single recorded subdivision plat. All lots share equally in any excess or deficiency.
Senior rights
A senior parcel is entitled to the full extent described in its deed, even if that means the junior parcel falls short of its own deed call. Order of the DEEDS, not the surveys.
Junior rights
A junior parcel takes whatever land remains after senior parcels are satisfied. Bears the burden of any deficiency; gets the benefit of any excess (when bounded).
Excess
Measurement of the parent tract is LARGER than the sum of deed calls. In a simultaneous conveyance, excess is split proportionally; in sequential, the last/junior parcel may get all of it (if bounded only on the senior side).
Deficiency
Measurement is SMALLER than the sum of deed calls. Sequential: junior loses out. Simultaneous: all lots shrink proportionally.
Proportionate distribution
For simultaneous: each lot's share = (lot deed dimension / sum of all deed dimensions) × measured total. Same proportion as the deed predicted.
- 1Identify the conveyance typeLook at the recording dates of the deeds. All on the same plat at the same date = simultaneous. Different dates = sequential.
- 2Establish the bounds of the parent tractFind the controlling outer corners of the parent. Measure the actual distance between them.
- 3Compare measured to deed totalSum the deed calls of the affected parcels. Compare to the measured distance. Difference = excess (positive) or deficiency (negative).
- 4Apply the right distribution ruleSequential: senior gets full call; junior absorbs the difference. Simultaneous: distribute proportionally to each lot.
Try it before you peek
Worked example
The problem
Three lots created by a 1920 plat have deed widths of 100, 150, and 100 ft (total 350 ft). The actual measured distance between the controlling outer corners is 343.00 ft. What width does each lot get?
If the same problem were sequential
If Lot 1 was deeded in 1900, Lot 2 in 1910, Lot 3 in 1920 (same dimensions), the senior Lot 1 gets its full 100 ft. Lot 2 then gets its full 150 ft. Lot 3 (junior) absorbs the entire 7-ft deficiency and gets only 93 ft. Same starting numbers, very different outcomes.
Don't fall for these
What trips people up
Calling a subdivision "sequential" because lots sold at different times
The conveyance type is determined by when the LOTS were CREATED (platted), not when they sold. Lots all created on a single recorded plat are simultaneous, even if Lot 7 sold in 2020 and Lot 8 sold in 1925.
Distributing excess in a sequential the wrong way
In a sequential, excess goes to the JUNIOR parcel only when the junior is bounded only on the senior side and is "to the back of the parent." If the junior is also bounded on the far side by another senior, the excess might fall in a "remnant" — research is required.
Ignoring monuments in favor of the math
Even in a deficiency, ORIGINAL MONUMENTS (PS 1.A hierarchy) outrank a proportional calculation. Find the corners first; use the math only when monuments are missing.
Test yourself
How well did it stick?
A quick 5-question check on Sequential and Simultaneous Conveyances. See where you stand and what to review.