Fripp
Fripp v. Walters
Opinion
Opinion
Blease, J.
This is a boundary dispute between neighbors Richard D. and Helen Fripp and Jean E. Walters. The Fripps were the prevailing parties below.
The disputed boundary lies along the southern boundary of the Fripps’ property and the northern boundary of Walters’s property. The boundary was originally created in 1923 when the Fripps’ predecessor in interest deeded a portion of a larger parcel to Walters’s predecessor in interest. In 1969, Walters’s predecessor in interest subdivided the southern property by a recorded parcel map. The parcel map was based upon a survey conducted by a civil engineer, which failed to follow the boundary description in the 1923 grant deed.
The trial court found the parcel map failed to follow the actual boundary line between the Fripp and Walters properties as set forth in the 1923 grant deed. As a result, the parcel map conveyed to Walters more property than the creator of the parcel map owned.
On appeal Walters claims the 1969 recorded parcel map was a “government sanctioned survey,” which precludes a showing the boundaries established by the parcel map are erroneous. We disagree.