In, At or By Deed Book

> I know this discussion was broached before on the other site... but I don't even go there anymore. And I don't have any idea how I would get the results I wanted to from the search function.
>
> Anyway, to the heart of the matter... er... uh... my question. How do YOU refer to how a deed/document/instrument is listed? IN a Deed Book at a page? At a Deed Book and page? Or by a Deed book and page? I have a rather lengthy narrative about a 5' by 35' strip that was inadvertently left off of a deed in 1953, and remained "undeclared" or "unclaimed", but then was conveyed incorrectly to an adjoining lot (my client) in 2002... I have to refer to several deed books and a will book, but I guess they are interchangeable in this instance.
>
> I was just wondering if there was an specific reference that held more weight or one that totally carried none.
>
> Thanks in advance!!
>
> Carl

I say Being all of that called 5'x35' tract in Tract 2 described in deed from Someone to Someone on some day, recorded in Volume XXXX, Page XXX of the Deed Records of Some County, Texas (hereinafter shown as volume/page, DR, PR for Probate Records) and also shown in Tract Whatever in Deed from Joe Blow to Jim Blow on someday in XXXX/XXX, DR, and also shown in Probate of Last Will and Testament of Jim Blow on someday in XXX/XX, PR.

Feel free to use or abuse that method.

>
> I say Being all of that called 5'x35' tract in Tract 2 described in deed from Someone to Someone on some day, recorded in Volume XXXX, Page XXX of the Deed Records of Some County, Texas (hereinafter shown as volume/page, DR, PR for Probate Records) and also shown in Tract Whatever in Deed from Joe Blow to Jim Blow on someday in XXXX/XXX, DR, and also shown in Probate of Last Will and Testament of Jim Blow on someday in XXX/XX, PR.
>
> Feel free to use or abuse that method.

Actually, it's the reverse of that... the 5' by 35' is never actually mentioned.

But that was not the question. Do you have a steadfast stance on calling something out as:

1) LOT 9 being transferred IN deed book 5, page 5

2) LOT 9 being transferred AT deed book 5, page 5

3) LOT 9 being transferred BY deed book 5, page 5

Sorry, I must not have made it clear, or maybe I'm splitting unimportant hairs here....

>
> Actually, it's the reverse of that... the 5' by 35' is never actually mentioned.
>
> But that was not the question. Do you have a steadfast stance on calling something out as:
>
> 1) LOT 9 being transferred IN deed book 5, page 5
>
> 2) LOT 9 being transferred AT deed book 5, page 5
>
> 3) LOT 9 being transferred BY deed book 5, page 5
>
> Sorry, I must not have made it clear, or maybe I'm splitting unimportant hairs here....

Well, I suppose that I must open the book, thereby making it IN. For my money, the tract was conveyed BY a deed AT some location and recorded IN a specific volume/page.

In Deed Book 545 at Page 232 ....

> 1) LOT 9 being transferred IN deed book 5, page 5
>
> 2) LOT 9 being transferred AT deed book 5, page 5
>
> 3) LOT 9 being transferred BY deed book 5, page 5

Lot 9 as conveyed by that deed filed in Book 5 at Page 5 in the Office of the Guthrie County Recorder.

> In Deed Book 545 at Page 232 ....

Dave, I might just have to go with that. I know I'm splitting stupid hairs, and I just need to be consistent.

> Anyway, to the heart of the matter... er... uh... my question. How do YOU refer to how a deed/document/instrument is listed? IN a Deed Book at a page? At a Deed Book and page? Or by a Deed book and page?
>
> Carl

Carl, the wording I would use would depend mostly on my state of mind at the moment.
(like most everything else I do :-)) And, how I prefixed the wording. I.E.: sometimes I might say "as found 'in'", or I might say "as described 'by'" I don't remember ever using 'at', though.

I'm not sure that I really understand that, however you state it, in the the end it really makes a whole lot of difference as long as the 'intent' of your statement is clear. But, goodness knows, I've been wrong before.

Take care,
Ed

dead on target Dan!

engrish is always a challenge;-)

PS: I do make a distinction between "conveyed" and "described"... those words have way different meanings... especially important when actual conveyance is in question (a deed does not convey in itself)

Being described within the warranty Deed recorded in deed book___, page ___ in the deed Records of Wonder County, State of Oregon.
Or; The newer ones, Being described within the Warranty Deed recorded as Document Number____, in the Deed Records of Wonder County, State of Oregon.
Being a surveyor it is the descriptions I am interested in, not the history of ownership as long as the chain of title is intact and has no gaps, Sounds like a gap in the record in your case, so the from to the who is of interest.
jud

Per Liber AA at Page 107

Rick

I looked in "Wattles" Writing Legal Descriptions and didn't find your question specifically addressed, but most of the examples said "in Book xx Page xx".

However I didn't see "as transferred in...". I don't think "transferred" is appropriate. I would say as per deed dated xxx, in book X, page x....

Wattles discusses the use of referencing to the land "Described" in a book and page... vs land "conveyed..." in pp 11.23 and 11.24. You might want to read that.

What Rick said, but in Suffolk County, NY the Liber has a number not letters. I think the the Liber number is closing in on 13,000 with about 500 pages per Liber.

I'd agree... Pages are found "in" a book. Not "at" or "by" the book.

"as described within that certain warranty deed filed in Book xx at Page yy as Entry number zzzzzzzz ..."

That reminds me. It's Friday and I'm tired. ;o)

JBS

Here's an excerpt from a recent description I wrote:

That property described in Instrument No. 2007-16218 as recorded in the Deed Records of Yamhill County, Oregon and lying in Section 23, Township 4 South, Range 4 West of the Willamette Meridian, Yamhill County, Oregon...

I agree fully with Dave Ingram. In Deed Book 345, page 123.

Actually.....as recorded in the XXXXXXX County Register of Deeds Office in Deed Book 345, page 123.

The older documents are book X of official records, page X. Prior to the 1920s our Statute required Recorders to keep separate books, Deeds, Mortgages, etc. Sometime in the 1920s the Statute changed allowing the County Recorder to put everything in one book of official records.

Most Recorders don't record by Book and Page anymore and the common reference form is "recorded as Document No. 2010-0000001, official records of said county."

Wow Floyd, 13,000 Books!

Our is up to just over 1,200 IIRC. The volumes start at "A" run to "Z" the begin again at "AA" through "ZZ", after that they figured numbers might work better. :-/

Like Dave mentions below, two of our counties have gone to "Instrument No. 0002010-XXXX.

Rick

Are you talking about the 'Being clause' at the end of your description?

I use this:

Being (all or part or acreage cut from two different parts or whatevr is needed to make it clear) of the same land conveyed unto "blah" by "blabber" on the 12th day of Nextember, 2010 and is of record in the office of the clerk of the county commission of whatever county in Deed Book XXX at page XXX.

Of course in a real description I use proper capitalization and such.

I've been wondering about that. The recording stamp doesn't say "Official Records" anymore now that they use Document Number instead of Book and Page. I've still been saying "Official Records" when I refer to a deed in a description but I haven't been real sure that it's correct to do so.