12-09-2002 Council Packet - Laserfiche WebLink

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Kevin and Janet Manley, December 9,2002, page two When our court action is completed, the court will have confirmed -• just ns it did in the previous registrations ~ that you own your own lot all the way to the water, subject to the 40-foot street. You also asked me to speak to how the Ekiofs fit into this. Let's review first the order of the lots. If you were standing at Fletchers and looking across, you would see, from left to right; Lot 5 (Purdy), Lot 6 (Delay), Lot 7 (Manley), Lot 8 (Ekiof). and Lot 9 (Gempler). I have helped the Purdys and the Delays register the title to their individual lots down to the water, subject to the street. Another attorney. Dale Moe, helped the Gemplers register theirs. The Purdys and the Delays each registered land described as their lot, including whatever accre tions lay between their lot lines, extended out to the water. This is what you started registering as well - simply whatever lies between your lot lines as they are extended out to the water. The rea son for registering this description is that it is what you already own. The Gemplers requested the court to confirm in them title to something slightly different. I have a copy of the registration order and decree for them, and it appears that they requested title not only to the land between their own lot lines extended, but also to a pie-shaped piece of the accreted land that actually lies between the extended lot lines of the Ekiof \ol When your surveyor placed survey stakes to show the extension of your lot lines out to the water, I understand the Ekiofs asked if they might be able to acquire from you a pie-shaped piece of the accreted land that lies between the extensions of your lot lines, in order to make up for the part of their property that was awarded to the Gemplers. I understand you told them you would be glad to convey some kind of pie-shaped piece to them, but you are presently still waiting foi them to give you survey and a legal description of the parcel they would like you to convey to them. When they do this, we will prepare a deed conveying to them, and notify the Examiner of Titles that we now wish to confirm our owm title only to what remains. In the meantime though, our request to the Examiner of Titles has been to confirm your ownership of all the land lying between your lot lines extended to the water, subject to the street. Finally, you asked about the word "seisen" or “seizen". What it means, is the naked legal title -- or ownership -- of real property. It is sometimes called the fee simple absolute title. Whoever has the seizen is the owner of the land. You see it used in mortgages, <^en you warrant to your lender that you are %vell-seized of the land being mortgaged". Seizen is always somewhere, and in this case ypu have the seizen of the lot all the way to the wa ter, and the seizen for the lake bottom is elsewhere. Please let me know if I can be helpful further. Cordially yours, Hugh Bishop