Title Company/Deed interpretation
I’m having an issue with a title company about a document and an ALTA survey. The short story is land was granted from the Indians to a private party before statehood and that deed included property below in the river. However, it was never recorded then Idaho became a state, thus removing the Indian rights to the property below the ordinary high water. This issue is not part of the dispute. The issue i am having is that in the final exhibit – 2, the one that defines the property quieted to the private party starts with Lot 1….more particularly described as follows…it then proceeds to include property outside of lot 1, (the property below the ordinary high water). In my eyes that parcel is still limited to Lot 1 per the plat. I proposed and actually did provide a rewritten legal described as Lot 1 together with….and then proceeded to describe the area outside of Lot 1, the area that this entire case was about.
The title company says they see the new description in Exhibit 2 of the quiet title as the redefined Lot 1. I said, if that was the intent then it should of included a together with statement and not the more particularly described as follows statement.
I want to be correct in my stance and i think I am but am very open to another perspective on this.
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