If the boundary lines of adjoining properties do not describe exactly the same location, gaps or overlaps may occur.

An overlap occurs when the description of one adjoining tract actually puts part of that tract onto the second tract.  A gap occurs when two adjoining properties do not actually adjoin along their common line.  Of course since lines can meander, one property can overlap in some places and be over-lapped in others.

If the land to be insured overlaps an adjoining property, it is necessary to:

Determine the exact description and dimension of the overlap.  A current survey might be helpful.  You should ask the surveyor to provide you with a written report outlining which lines are senior and which are junior and why.

Require the acquisition of the overlap tract by:

• A conveyance duly executed by all the owners, parties in interest, lienors and encumbrancers of the tract;
• The execution of a proper boundary line agreement (with adequate conveyancing language) executed by the owners, parties in interest, lienors and encumbrancers of both tracts; or
• Proper judicial proceedings in which all the owners, parties in interest, lienors and encumbrancers of the tract are named as parties defendants.

If acquisition through any of the above described methods is not possible, it will be necessary to take exception as to the area upon which the overlap occurs.

Caveat:

In overlapping situations, no attempt should be made to:

Apply either the apportionment theory or the remnant theory.  (This theory is a method of where the surveyor prorates the problem across a portion or entire tract of land, but only between original or properly reconstructed corners.  Since determining the original corners is a difficult and expensive task, we will not routinely accept such actions as having been done.)

Rely on adverse possessory rights.

NOTE: Where gaps rather than an operlap exists, access and contiguity may both be affected.