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Deed Interpretation

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(@dougie)
Posts: 7889
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Topic starter
 

A little help, if you please, in particular; does parcel B describe that portion of the west half of vacated 8th Street adjoining all of lot 3 in 77-221 or just that portion adjoining the 30' strip?

The title company tells me it's just the that portion adjoining the 30' strip...

The deed for lot 3 in 77-221 says together with the west half of vacated 8th street...

SWD

?ÿ

QTR MAP
 
Posted : August 30, 2018 10:19 am
(@p_bob)
Posts: 45
Member
 

Love deeds you can read 2 different ways.?ÿ Depends on where you put the emphases.?ÿ My initial gut instinct would be the only that which adjoins the 30' strip.?ÿ I believe at one time the initial description was for the entire 270x270' piece of land along with the west portion of the street that abutted it.?ÿ Then someone wanted to sell off the north 30'.?ÿ So they put the first sentence" The north 30 feet of the following described property:" and pasted the entire 2 paragraph description in.

 
Posted : August 30, 2018 10:54 am
 ppm
(@ppm)
Posts: 464
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One of those cases where a simple indentation of "the following described property" would have been key. That way if the "Together with" was indented then you know that it is added in before the North 30' is addressed. If it was just the 2nd paragraph that was indented, then you know that the "Together with" is added in after the North 30' is taken out.?ÿ

Looks like a little history project on this property is in order...

 
Posted : August 30, 2018 12:45 pm
(@anthony-domingo)
Posts: 14
Member
 

It reads abutting thereof and abutting lot 3. So to me it reads that portion next to lot 3 and that portion next to the property described in the previous paragraph.?ÿ

 
Posted : August 30, 2018 2:20 pm
(@thebionicman)
Posts: 4445
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Reading it in a vacuum will tell you if the language is clear or not. If you want to know what it means get the rest of the evidence. Who wrote it? What did the owners do after execution?

 
Posted : August 30, 2018 8:20 pm