Ran across a deed that didn't close for 2 feet.?ÿ Upon checking, I noticed that the last call read, "two hundred sixty five and twenty three one hundredths of a foot, (263.23')"
Using the typed out number made it close within a tenth.?ÿ Nice.?ÿ But amazing that this mistake in the original deed from 1934 got re-copied nine times to the present deed.?ÿ Like no one ever noticed that the two numbers didn't match?
They are copiers after all.?ÿ
Dunno, I've seen plenty of surveyors who come across a blatant error or conflict in the description and proclaim that they cannot change the description of record, and duly copy it to the face of their ROS, error and all.
Sure, it's possible to place the parcel on the ground, which is ultimately what matters to us. But I don't see a problem with issuing an updated description and explaining why on the face of the ROS. Beneficial to both landowner and public. If they want to use it in the next conveyance, the updated description is there for them to use. If not, it's still the same parcel of land.
Deed copiers are the same ones that create a deed description directly from the deed used when the seller bought the property 37 years ago, but make no alteration to address the seven small tracts that have been sold off?ÿ since then.
And then you have deeds that carry forward a tax description from 1941 which only contains shorthand bearings and distances and none of the bounds contained in the 1941 deed... This is where I like to use my narrative to clean things up.
Had one from the early 1800s where they transposed numbers on the second conveyance resulting in a 10 chain difference.
It has been carried forward to today and resulted in the owner buying the same land twice based on bogus legal advice.?ÿ
Stonewalls around perimeter match the original correct description within feet.?ÿ
True, but I can't imagine writing out the number and then writing it numerically, and not questioning why they didn't match.?ÿ But apparently, nine different people never questioned it
For most people, including the secretaries of paralegals doing the deed preparation, the words of a legal description might just as well be written in greek.?ÿ They are copied without any attempt to understand.
Hopefully the deed is written where the distances and angles are the last thing I want to use in determining the boundaries.
Dunno, I've seen plenty of surveyors who come across a blatant error or conflict in the description and proclaim that they cannot change the description of record, and duly copy it to the face of their ROS, error and all.
Sure, it's possible to place the parcel on the ground, which is ultimately what matters to us. But I don't see a problem with issuing an updated description and explaining why on the face of the ROS. Beneficial to both landowner and public. If they want to use it in the next conveyance, the updated description is there for them to use. If not, it's still the same parcel of land.
I will typically provide both, in that instance, providing a way for someone else to find the answer. If the messed up description comes from the title company (like in the OP), we try to get it corrected.
My recent screw up where North 89 something was incorrectly listed as South 89 something was finally caught by the fourth set of eyes.?ÿ Just three little letters can make a BIG difference.?ÿ It even said "Thence continuing...,.,...,..." so it obviously should have had the same bearing as the preceding call.?ÿ Easy to double check.
My recent screw up where North 89 something was incorrectly listed as South 89 something was finally caught by the fourth set of eyes.?ÿ Just three little letters can make a BIG difference.?ÿ It even said "Thence continuing...,.,...,..." so it obviously should have had the same bearing as the preceding call.?ÿ Easy to double check.
I certainly do not claim to be perfect. That is why (if at all possible) I like to have calls to physical monuments and bounds. The metes part is always fraught with danger.
A map check list with a closure check part of it and a closure check of the description catches mistakes. ?ÿBeing solo means taking a little more time to check yourself.
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