.... THREADGILL, EDWARD F., Senior Judge. Vivian Thrasher appeals from a final judgment in a quiet title action brought by Marco Arida disputing whether their common root of title from the Vander Griends conveyed the fee or merely an easement across a fifty-foot strip of land adjacent to both of their properties. Because we conclude that a latent ambiguity existed in the original warranty deed, we...between the two parcels' descriptions give rise to a latent ambiguity in the deed that requires the court to consider parol evidence to properly conclude the parties' intent. As the court explained in...Lost Tree Village, 805 So.2d at 25-26, [a] latent ambiguity in a deed description is said to...

...on Issues Made by Pleadings — Statement of Facts Not to Be Enlarged or Supplemented — Decree Not in Accord with Issues and Not Warranted by Findings — Latent Ambiguity, Description in Deed to Be Incorporated in Findings — No Recovery on Case Not Made by Bill — Latent Ambiguity, Proof by Extrinsic Evidence. 1. Where bill in equity sought either to cancel a deed...binding 3. In suit in chancery tried upon theory that there is a latent ambiguity in a deed, where deed is not made a part...in accord with issues made by pleadings and not warranted by findings. 5. In suit in chancery, tried upon theory that there is a latent ambiguity in a deed, findings which do not...

...trustees argue that this call injects a latent ambiguity into the deed because a government monument for this corner was never set, and no reference to "the southwest corner of Section 19" appears in the...intentions, that is, that the boundaries not overlap the main barrier island. Latent ambiguities A latent ambiguity in a deed description... 1973). Where there is a latent ambiguity in a deed or contract, parol and other extrinsic evidence may be introduced to show the true intent of the parties. See id.; Landis v. Mears...

...this action for declaratory judgment asking the trial court to interpret a provision in a deed. The trial court concluded that the deed was unambiguous and did not allow Appellants to present parol evidence showing the grantor's intent. We find that the deed contains a latent ambiguity and...contained no ambiguities? 2. Did the Trial Court err in finding it could not interpret a latent ambiguity in a deed? 3.... Mitchell , 149 S.W.3d at 44. Parol evidence, however, may be admissible to remove a latent ambiguity in a deed; it...

...introduce a map for the purpose of explaining a latent ambiguity in a deed. The Court in passing upon an exception to the refusal of the court to permit it, says: "This plan is not referred to in the deed and...is offered as to when a map found among the grantor's books was made, or that it was in existence and referred to by the parties at the execution of the deed, it is inadmissible to show the land...included in the deed. 2. Evidence — Agency — Declarations — Boundaries. Where a husband is in possession of land as agent of his...

...face of the deed, however, if that deed contains a latent ambiguity. Id. A latent ambiguity in a deed is "created when, in applying the description to the ground, facts extrinsic to the document...controvert or in some way render unclear the deed's apparently unambiguous terms." Id. Because the calls in the defendants' deed fail to close the property, a latent ambiguity exists. Id...look to the standard rules of construction to determine the grantors' intent when the deed contains a latent ambiguity. Theriault, 588 A.2d at...

..., 144 Ala. 532, 40 So. 204. Parol evidence is admissible to explain or remove uncertainty or ambiguity which constitutes a latent ambiguity in a deed, mortgage...the N.W. 1/4 of section 13, to a point on the N. line of section 12, one hundred feet W. of the N.W. corner of N.E. 1/4 of N.E. 1/4 of section 12, being the same line set forth in deed from Thomas W..., 32 So. 620; Guilmartin v. Wood, 76 Ala. 209. Where a deed does not contain on its face a patent ambiguity and does not equally describe...

.... Evidence 39 — Where there is no latent ambiguity in a deed and no equity invoked, parol evidence to explain or alter the instrument, is incompetent. 2. Deeds 22 — A deed for timber...latent ambiguity in the deed, and no equity pleaded or involved, which could form an exception to the rule (of Hornbook quality) rejecting parol evidence to explain or alter an instrument required to be in writing. Such a writing...certain described lands in Harnett County, made a deed to S. v. Stevens conveying all the pine, oak and poplar trees of certain dimensions on the tract described, with provisions for ingress and egress...

.... Latent Ambiguity The doctrine of latent ambiguity is central to this case. "A latent ambiguity in a deed is created when, in applying the description to the.... Hanson, 541 A.2d 155, 157 (Me. 1988) (emphasis added). In Taylor, extrinsic evidence that two roads denominated as parallel in a deed were not, in fact, parallel, was admitted to reveal the latent ambiguity. See...is made to apply the language to the ground." 23 AM.JUR.2D § 314 Deeds (1983). Extrinsic evidence may be admitted to reveal a latent ambiguity in an otherwise clear and unambiguous deed. Taylor...

...trial court erred in determining that a latent ambiguity existed in the involved deeds. Apparently this stems from the fact that plaintiff's position is predicated on the contention that the trial court should have blindly accepted Robert Elgin's new description of the property originally deeded by the Dexheimers to the Plummers. A latent ambiguity in a deed is...conveyed to the Plummers. The existence of a latent ambiguity initially appears in plaintiff's petition wherein she seeks to quiet title to land described differently from that described in her deed from...the owner of only that property described in the deed given her by the Dexheimers is far from constituting a judicial admission that plaintiff was the owner of property whose description expanded that...

...underconveyances in tracts one and three, and overconveyances in tracts two and four. They argue looking at the past deeds along with these underconveyances and overconveyances creates a latent ambiguity. [¶9] While extrinsic evidence is generally not allowed when the language of a deed is unambiguous, this Court noted a latent ambiguity "may, in limited...arrive on the Peerless, but two ships have that name, the contract contains a latent ambiguity. Black's Law Dictionary 93 (9th ed. 2009). [¶10] In Gawryluk, we rejected the argument that an overconveyance created a latent ambiguity in a deed. 2002...deed reflects the Hoffmans did not transfer their entire mineral interest in the 1980 deed. However, the district court erred in finding a latent ambiguity existed using the chain of title as basis for...

...earth is a question of fact." Milligan v. Milligan, 624 A.2d 474, 477 (Me. 1993). When interpreting a deed, a court should first look for the controlling intent of the parties on the face of the deed. Id. The intent of the parties may not be clear from the face of the deed, however, if that deed contains a latent ambiguity. Id. A latent ambiguity in a... A 1930 deed carved the Ryans' property out of a larger parcel owned by the Dillingham family. The deed reads in pertinent part: Beginning at...going to the right after the bridge was probably the road ment (sic) in the deed recorded in book 1358 page 400." He characterized the letter as "a matter of record showing my plan of August 12, 1981 is...

...grantee. Although we hold that the referee erred in finding the deed to be unambiguous, we find the error harmless under standard rules of construction. When interpreting a deed, one should first look for the controlling intent of the parties on the face of the deed. First Hartford Corp. v. Kennebec Water Dist., 490 A.2d 1209, 1211 (Me. 1985). However, a latent ambiguity can render that intent unclear. A latent ambiguity in a...must admit relevant extrinsic evidence to attempt to cure the ambiguity. See, e.g., Tyler v. Fickett, 73 Me. 410, 416 (1882) (where latent ambiguity exists "[r]esort must be had to existing circumstances and to the contemporaneous construction put upon the deeds by the parties."); see also Perreault v. Toussaint, 419 A.2d 1009, 1011 (Me. 1980) (extrinsic evidence properly admitted only to clarify specifications in deed found..., 13 A. 575, 575-76 (Me. 1888) (where calls in deed failed to close property extrinsic evidence properly admitted). While we agree with the Hansons' claim that the deed contains a latent ambiguity, they...

...gathered from the circumstances and situation of the parties is admissible to explain a latent ambiguity in a deed. Graham v. National Surety Co. (C.C.A.) 244 F. 914; Roxana Petroleum...issues being found in their favor. The two questions involved in the case are, first, whether there was a reservation of one-half of the mineral interest in the land in the deed of...exception in the deed the income reserved was only that inuring from the lease to the McMan Oil Company. There is no definite foundation for a construction favorable to appellant of the...

...the language of a deed is reasonably susceptible to two different interpretations, then there is ambiguity. Friedlander v. Hiram Ricker & Sons, Inc., 485 A.2d 965, 972 (Me. 1984). "A latent ambiguity in a.... 1973). Upon the finding of a latent ambiguity, extrinsic evidence is admissible to discern the intent of the parties. Norton v. Town of Long Island, 2005 ME 109 ¶¶ 23, 27, 883 A.2d 889; Hennessey v. Fairley, 2002 ME 76, ¶ 21, 796 A.2d 41. In Wallingford v. Kennedy, the court examined a deed that.... A. Presence of Ambiguity When interpreting a deed to determine the intent of the parties, the court must construe the language to give the words...

..., 10 So. 3d 1123, 1125 (Fla. 1st DCA 2009) (concluding no latent ambiguity existed in prenuptial agreement based on the omission of a qualifier on the term "marriage"). The phrase "all lands" is not ambiguous, and when read with the remainder of the deed, there...., 805 So. 2d at 26). "This is so because a latent ambiguity is shown where the writing is otherwise clear and unambiguous on its face, but some collateral fact creates a necessity for interpretation." Lost Tree Vill. Corp., 805 So. 2d at 26. However, in order for the trial court to have properly admitted parol evidence to construe the language of the 1934 deed, a.... "A latent ambiguity in a deed description is said to exist when the deed, clear on its face, is shown by some extraneous fact to present an equivocation by being susceptible...

...Jurisprudence 2d 144, Deeds, Section 43, "Extrinsic Evidence to Identify Grantee," it is said in part as follows: "* * * Likewise, a latent ambiguity in a deed as the person...her husband who died intestate, and that, thereafter, the wife executed a quitclaim deed in which the grantee, her minor son, was designated as "Estate of * * *, Ward"; such deed effectively divests...verdict at the close of plaintiff's evidence. 2. A quitclaim deed, in which the grantee is named as "Estate of * * *, Ward," sufficiently describes a grantee capable of receiving and...

...description of the easement from its beginning in the Higgins deed has been a bad call. The court finds a latent ambiguity therein as, although it is not clear from the face of the deeds, when examining...access easement existed. The Vorherrs point out that the trial court expressly found a latent ambiguity in the deed conveying the access easement, noting a discrepancy between the metes and bounds...of the deed is admissible to explain a latent ambiguity in a deed. See Thornhill Baptist Church v. Smither , 273 S.W.2d 560...

...to establish a division line. As an aid to the correct interpretation of a latent ambiguity in a deed the surrounding circumstances, including any surrounding fact open to observation or any thought...thereto, can be used to explain its meaning. In the interpretation of an ambiguity in the description of a deed, where no knowledge exists on the part of either party that such language was ambiguous...note to Smart v. Huckins, 82 N.H. 342, that an ambiguity "in a deed may be resolved by competent extrinsic evidence of the intention of the...

.... Hoheimer, 30 S.W.3d 176, 178 (Ky. 2000). Evidence outside the language of the deed is admissible only to explain a latent ambiguity in a deed. Thornhill...neighboring property line. The operative phrase "as is now located" could refer to a fence or easily be read to refer to the right-of-away as it existed in 1974. A latent ambiguity existed within the...a 1974 deed to one of Kenneth's predecessors in title and dismissed the Montanos' claim for damages to their property. The Montanos appealed. On March 16, 1974, a deed was executed...