Our consideration is now with the irregular or non-rectangular lot. As long as we deal with rectangular lots, leaving out of consideration the matter of streets, we do not encounter much difficulty in a description of fractional portions. Once out of this class, however, trouble may occur with the first sign of carelessness or lack of knowledge. In figures A to K are some of the situations that may arise:
The westerly 50 feet.
The westerly 50 feet measured along the north and south lines. The lines are still parallel but the distance between the lines is less than that in the preceding figure.
The westerly 50 feet and all of the lot except the west 50 feet. In this case, the curve in the street makes it necessary to describe the parts like this.
Lot — except the east 100 feet. In this case, we except the east 100 feet, the dividing line is parallel w ith the east line, running at right angles to the north and south lines.
In each of the above examples, the description is correct. However, we must be sure any like description drawn for the first time expresses the intent of the customer. That is, did the customer want the 50 feet in frontage, 50 feet in width, or all of the lot except the east 100 feet?
When the documents creating the description are already of record, care must be exercised to avoid creating a new problem or compounding an old error. To stress this point, the following examples are given as situations to avoid, since they either create an outright overlap, the possibility of an overlap, or a shortage:
Do not use these descriptions —
The easterly 100 feet and the westerly 50 feet. This example illustrates the cause of occasional grief to anyone handling descriptions. In this case, measurements were taken from both the easterly and westerly lines — the overlap uses up the entire westerly 50 feet.
The north 50 feet and the south 50 feet. While this description is acceptable at times, try to avoid using it.
The north 50 feet and the south half. This indicates a shortage.
The westerly 50 feet and the east 100 feet. This shows both an overlap and a shortage.
The westerly 50 feet, measured along the north and south lines, and the east 100 feet. This involves a shortage.
The east 50 feet measured on the south line of the lot. Determine north, south, west and east lines of the lot, and measure 50 feet on the south lines from the intersection of the south and east lines. Draw a line from said measured point parallel to the east line through the complete easterly portion of the lot. If the east line is broken, bisect the angle formed by the east lines and from the intersection of said parallel line and the line of bisection, and continue the drawn line parallel to the subsequent east line. Figure J illustrates this description:
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The perpendicular distance between the parallel lines will be constant but less than 50 feet. In Figure K, the area designated conforms to the description of the east 50 feet of the lot. This intersects at a point on the south line of more than 50 feet of its easterly portion.
Applying the illustrations of Figure J and Figure K to practice, if Figure K were the property in question, an instrument describing the whole lot excepting the area in Figure J could not be ignored since it would overlap the property in question.
