by J. Cliff McKinney II |
“Let’s assume A sold B his 50-year-old bungalow, located on a platted, fenced city lot in Little Rock. A conveyed a typical ‘general warranty deed’ to B. The legal description in the deed contained the lot and block number. Delighted, B moved in; but her delight turned to dismay when she looked at an old survey A left behind when he moved out and saw that the fence was inside her lot lines by several feet, on two sides of her property. B was a lover of plants and wanted more room for her garden, so she pulled down the fence, tearing up her neighbors’ plants within the lot lines as shown on the survey, in order to expand her own yard.”
Note: The above is an excerpt from the article in the University of Arkansas at Little Rock Law Review. Click the link below to read the actual publication.