I ran across a line in a deed that isn't making immediate sense to me. Is it saying the exception might be mentioned or described in another deed? If someone could help put this sentence in plain english I would appreciate it.
It reads to me that the deed they referenced may describe another parcel excepted out from those described above. Or it may describe an easement. Or it just might be a poorly written redundant reference to the parcel that was already described as an exception. The only way to know is to get that deed and see what it describes and "how it may affect" what is in the deed you posed. It may not even affect your subject parcel. It looks like a "just in case" phrase that a lazy attorney tossed in.
Yeah, it's quite confusing to me. I did get a copy of those 2 deeds and 1 of them isn't even in the same township, but the other one does describe a larger tract from which the above described parcels were cut.
My concern is with the excepted parcel above the orange box. At the moment it appears to be an orphaned piece that is being occupied by the owner of the rest of these parcels. More research is needed...
You might find that the excepted parcel came back in to common ownership with the others by another deed chain. I've seen that happen.
Deed research has always been my favorite part of surveying. Leave no stone unturned. People do stupid things everyday. Not all deeds adequately address the true intent. To lawyers, words are merely ink on paper that may interpreted in which ever manner that pays the bills.
Surveyors must be title investigators.
You might find that the excepted parcel came back in to common ownership with the others by another deed chain. I’ve seen that happen.
Yeah, for the sake of relative simplicity I'm hoping something like that happened. I'll probably order a title report on it to see what those guys come up with.
Not common, but far from unheard of. I'm willing to wager that 78/128 describes, in an ambiguous way, some meandering parcel that may or may not encroach on the property otherwise described.
That's something that has been irritating me in ID. A deed will refer to a tax parcel, and if you're lucky, as here, they will describe it in M&B form. All too often, finding out what Tax XX is requires a chain of title search and/or a search of old Assessor's records.
As to the highlighted sentence at the end, it looks like whoever wrote that description either knew the cited deed does have some effect or perhaps merely suspected it might because of some ambiguity in the description in that deed or ambiguity between that description and this one.
If I were to wager, I'd bet on the latter - that the dimensions in that deed describe a polygon that conflicts with the polygon described in this deed and the surveyor at that time didn't know how or didn't want to do the work to resolve the conflict or apparent conflict.
Either way, you need to get a copy of that called for deed.
That’s something that has been irritating me in ID. A deed will refer to a tax parcel...
I haven't seen it very often so far, but in this case it seems to have stemmed from an old plat where the block was labeled but not the lots.
