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Parr v. Worley

Law Dictionary
CASE BRIEFS

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.93 N.M. 229, 599 P.2d 382 (1979)

Brief Fact Summary. Parr (Plaintiff) conveyed to Worley (Defendant) a portion of land described as “lying to the East of” the highway, “containing 25 acres, more or less.” Plaintiff then purported to convey to a third party the mineral interest under both sides of the highway with a description of the land in that deed as being “west of the east right-of-way line of” the highway. Plaintiff sued to quiet title in himself of the mineral interest occupied by the highway, and Defendant counter-claimed to quiet title in himself of the mineral interest from the centerline of the highway to the east.

Synopsis of Rule of Law. It is a rule practically without exception that a conveyance of land abutting on a road, highway, alley, or other way is presumed to take the fee to the centerline of the way. The presumption is rebuttable. It depends on the intention of the parties to the deed, as ascertained from its language and viewed in light of surrounding circumstances.


Facts. Plaintiff, in 1949, conveyed to Defendant a portion of land described as “lying to the East of” the highway, “containing 25 acres, more or less.” Then, later, Plaintiff purported to convey to a third party the mineral interest under both sides of the highway with a description of the land in that deed as being “west of the east right-of-way line of” the highway. Plaintiff sued to quiet title in himself of the mineral interest occupied by the highway, and Defendant counter-claimed to quiet title in himself of the mineral interest from the centerline of the highway to the east. A survey performed for the lawsuit showed that the actual area of land conveyed to Defendant if measured from the eastern edge of highway was 25.80 acres. The same survey revealed that if Defendant’s land was measured from the centerline of the highway the plot would be 31.57 acres.

Issue. What is the proper measure of the land conveyed to Defendant?

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