) The attempted appeal therefrom should be dismissed. Thereupon they appealed from the judgment and the order denying their motion.Īn order denying a motion for a new trial is not appealable. The defendants moved for a new trial, which was denied. The trial court determined the controversy in favor of the plaintiff. The plaintiff, who still owns the property to the south, contests this claim and brought the instant action to quiet his title to the whole of the property within the boundaries of the vacated street. The defendants and cross-complainants, who are the appellants herein, are the successors in interest of Poor, Reno and Markin and claim that, under the deed in question, their ownership extends to what formerly was the center of Buell Street. To the contrary, the street property was a part of the backyards of houses which formed a part of the housing project located on property leased from and owned by the plaintiff. However, nothing on the ground indicated the presence of such a street. The southerly line of this property adjoins the northerly line of Buell Street as shown on the recorded map. described as follows:" also setting forth a metes and bounds description. described as follows:" setting forth a metes and bounds description and the other parcel was described as "that portion of Lots 5 and 8 in Block 1 of Bay View Tract. 104, filed in the office of the County Recorder of San Diego County. In this deed the property conveyed was segregated into two parcels, one of which was described as "that portion of Block 1 of Bay View Tract. In January 1951, the plaintiff and cross-defendant, who is the respondent herein, was the owner of all but four lots in Bay View Tract, a recorded subdivision sold a portion thereof located in Block 1 of that tract, to people named Poor, Reno and Markin and executed a deed to effect such sale. This is an action to quiet title to a strip of property 40 feet wide and 203.56 feet long, formerly a part of Buell Street in the city of San Diego, which was a dedicated street appearing on a recorded map, but which never had been used or improved, and had been vacated or closed by appropriate city council action. The plat is given a unique name and is recorded with the Jefferson County Clerk and Recorder's Office.W. The parcels are assigned numbers or letters for block, lot or tracts to identify them on the map. This is a survey that has gone through city or county planning processes and approvals for land to be divided into one or more parcels. An address does not qualify as a legal description.Metes and bounds description is a way of describing a property that is not in a subdivision by using bearings and distances and may also use known attributes, such as a road, creek, other recorded documents and monuments in or on the ground.It may also be described by a "metes and bounds" description. It may be a description of a lot, parcel or tract within a platted subdivision. Is a description of the property identifying it from all other property in the world. In this type of ownership, each person or party may own different amounts of undivided interest in the property. Rather, it is transferred to the heirs of the decedent owner. Owners each have a separate interest in the property, and that interest does not pass at death to the other owners. Means two or more people own the property together, but without right of survivorship. If it doesn't, per Colorado state statute, the property is owned as "tenants in common" (see below). The deed or document creating the joint tenancy must state this fact. If one of the owners dies, the remaining owner(s) is automatically entitled to the property. Means two or more people own the property with right of survivorship. Party buying or receiving the conveyed property. A written instrument that conveys an estate or interest in real property.
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