I have a new legal description to write of a corrected boundary.
The acreage has increased 20%.
What is the proper preamble?
How would you word the fact that this is a new and improved legal?
Drawing a blank, any kick in the right direction would be appreciated.:-S
like skinnin' cats..
lots of different ways.
My verbiage usually goes something like:
This description was prepared to reflect a current survey of the following parcel recorded in book yadda-yadda:
(insert OLD description)
An in-depth and precise survey was performed (by whomever and whenever) and the boundary determined by this survey is more particularly described as follows:
(insert NEW description)
...or any variation thereof..
First how is this a corrected boundary, did the first legal description leave out a call or had a typo in the acreage?
Did the extra acreage come from you doing a survey and finding the previous surveyor wrong?
I would say something like Being a x.xx acre tract being all of that certain x.xx acre tract as described in conveyance to Your Client, recorded under County Clerk File No.xxxxx
Are we taking a 2 acre change or a .2 acre change?
like skinnin' cats..
> My verbiage usually goes something like...
That would certainly work. How about this for an alternative:
A parcel of land in Section, Township, Range, County, State being all that property described in that deed recorded in Book X at Page Y, County Deed Records being more particularly described in accordance with the results of a boundary survey dated June 16, 2014 by RFB, PLS as follows:
I'd prefer not to regurgitate the old description in detail for fear of introducing a transposition or other error and possibly clouding the record.
It would be great to record your boundary survey, even if not in a recording state. Then add a B/P reference to the survey in the description.
I like it Mark
I just don't usually put a lot of chrome or pinstriping on my words. Yours seems a little more professional than mine. I like it.
To me "rewriting" a description is a last resort. I have ran into a few descriptions, for one reason or another, needed "tweaking" to either clarify an ambiguity or a bust. I started including the previously filed description within the "new" description because it seemed like there was always a title examiner that wanted some sort of "certification" that the two descriptions were one and the same.
Including the old one seemed to shut them up.
There's always a possibility of errors or transpositions...you just have to be careful! 😉
Thanks all for the replies. That gets me going.
The survey I am correcting was performed by a fly by night deed staker, no longer in business.
They put an iron in at the fence corner, then measured deed from there. Ignoring PRMs, CMs, IPs and IRs (and other fences) that have been there forever.
They call it 1 perfect acre per deed.
I am taking all the adjoiners monuments into consideration, I come up with 1.2 acres, and have rewritten the legal.
NONE of the 4 corners are where the deed calls them out. Which is why I feel the need to correct the legal.
If your corrective legal description is going to appear on a deed, ask the attorney associated to provide the preamble. Whatever you write preamblewise will probably be "edited" anyway. B-)
I like it Mark
> There's always a possibility of errors or transpositions...you just have to be careful! 😉
What if the description you faithfully transcribe itself contains transpositions?
What if there are unwritten rights attached to the property?
I like it Mark
Very well could be. That's why I specify a specific instrument by B/P. In a perfect world it would be THE instrument that conveyed the property to either my client, or the seller; the current title holder's deed. This shall be provided by the client or the title co.
IF there's a bogie on that document, I guess I would be guilty of perpetuating info that was provided to me. As for unwritten rights; I would only be able to locate any physical evidence of those rights on the survey. AND if there existed some cryptic unwritten rights in the OLD description; I can't think of a better reason to include that description on the face of my survey.
Like I said, "rewriting" any description is a last resort. Too many landmines.
I like it Mark
> Very well could be. That's why I specify a specific instrument by B/P. In a perfect world it would be THE instrument that conveyed the property to either my client, or the seller; the current title holder's deed. This shall be provided by the client or the title co. ...
I like to reference the vesting deed (the one that created the parcel) and then add "most recently conveyed by book xx page xx"
BEING 120.00 acres in the JOHN DURST SURVEY, ABSTRACT No. 15, CHEROKEE COUNTY, TEXAS, and being all of that called 100 acres described in deed from Joe Blow to Hopalong Cassidy on June 16, 1899 and recorded in Volume 32, Page 15 of the Deed Records of Cherokee County, Texas.
That's how I do it.
