A friend just bought a house and showed me the deed.?ÿ The description is missing a call - only one out of four, not bad, huh.
There's a meaning and intending clause, referring to the grantor's deed, being all the land.....
Do they need a corrective deed or just don't worry about it?
I encourage people to investigate and correct things ASAP while all players are still around.
Yes, get a corrective deed now!!.?ÿ
My broken record of title insurance would be the starting place, they should take care of this one.
Not that they will pay for it, they always seem to have an out.?ÿ
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On a recent purchase the seller's attorney is usually very willing to correct the record. Once I did a survey because the owner was getting complaints from?ÿ neighbor. I found that the purchase deed and mortgage were on only one of the two prior lot descriptions from two separate deeds. I wrote the correct description and sent it to buyer's lawyer , from a few years prior, along with my survey and he took care of it. Better now than later especially after damages accrue. I also set two stakes on line and the neighbor shut up. Their shed being a foot over the line might have had something to do with it also. I also set a stake on the neighbors far rear pin so they could measure to their hearts content. As far as I know my client never complained about the shed, because she too thought she had far less yard.
Paul in PA
@paul-in-pa
thanks
What state??ÿ Does the deed reference a platted lot on file somewhere??ÿ Short answer is it wouldn't hurt.
VT. No plat, just a four sided description of more or less distances, a rectangle.
Don't know if there's anything forcing the grantor or his lawyer to do it. The transaction got a bit sticky near the end, so no one's doing it probably unless something is compelling them.
Survey-wise, I don't see it as an issue. Just not sure if there's anything legal that could crop up if left uncorrected.
Does the incorrect deed reference "being the same as" the previous deed with the correct description?
If it's a warranty deed then the grantor is compelled to fix it.
I do believe he is no matter the type of deed, but he is warranting the deed so......
I just sold a house recently that was originally sold under duress in 2008 with a special warranty deed.?ÿ The subsequent purchases and sellers all just blindly(and blithely) signed and paid as is the de rigueur any more.
I got an ISP before I purchased due to the fact the lot line was REALLY close to the garage. Turns out the PUD covenants allowed and even defined/encouraged zero lots lines to allow for parking and such on small lots tightly spaced without difficulties. So whew no big deal.
Upon my realtor handing me the contract for sale I noticed that he was about to list with a warranty deed. I asked him to change it to a special warranty deed,?ÿ because other than what I had directly witnessed and or participated in while owning the property, I was in no way warrantying anything the previous ownership had claimed or otherwise agreed to under their occupations and conveyances.?ÿ I think people have just stopped using their brains almost completely anymore, and are on internet-google-smartphone-twitter-autopilot.
my $0.02 on warranty deeds
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and yes i understand that by doing so it doesn't offer any extra of even any protection from the previous chain of title or omissions but at the very least would be a hell of a quandary for any lawyered up individual aiming to make me perfect nothing I had any influence upon other than what I could legitimately attest to and that the title company had rubber stamped along the way
I would agree with doing what you did.
I'm not a lawyer, but as I understand it a special warranty deed limits the grantors liability to problems that occurred during the grantors ownership as you indicate. That's probably too simplistic, however, I do know a special warranty deed is less of a warranty than a warranty deed.
Title insurance is purchased to further limit the grantor/grantee liability.
But.....
There are so many exceptions written into the policies it's difficult to use it.
The OP's example should be covered by Title Insurance. And I wouldn't let a deed with a glaring mistake slide. There is no reason to cause a cloud on your title when a correction will take care of it. Most of us have come across Corrective Deeds or been involved with them, shouldn't be a big deal.
