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Bogus Deed Calls

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RADAR
(@dougie)
Posts: 7889
Member
Topic starter
 

It doesn't happen very often, but once in a while, I do a survey that has a metes and bounds description with a call or calls that are completely wrong; if I follow the call, it will wreck havoc in the entire neighborhood.

If y'all, the good people on this board, have ever ran into a situation like this; how did you handle it? is it the surveyors job to fix it? In Washington State, there is no accountability when recording deeds. as long as the margins are correct, the font is the right size, and it's legible, the recording office will accept it. And sometimes, they will accept something that is unacceptable and add a note saying something like 'this was accepted as is'. They want to avoid any liability at all costs. It is buyer beware, when it comes to property...

I feel this is different in other states; Washington used to have a Torrens System but they got rid of it, as it was too expensive.

TIA

Dougie

 
Posted : October 26, 2023 1:10 am
holy-cow
(@holy-cow)
Posts: 25348
Supporter
 

It has been some time since we have had a (quiz: What was the string of letters invented by our New Mexico/Colorado buddy?) Hint: It starts with T and ends in C.

For the edification of those who wish to be edified today.

https://www.vocabulary.com/articles/pardon-the-expression/wreak-havoc-vs-wreck-havoc/

 
Posted : October 26, 2023 1:41 am
holy-cow
(@holy-cow)
Posts: 25348
Supporter
 

Witnessed such a problem recently that was attempting to fix such an error. Everyone involved hoped this would solve the problem. In this case, the area the seller intended to sell to the buyer was identical with what the buyer had intended to purchase and, apparently, matched what had been occupied for quite some time by the buyer (not sure of how long that is). The seller had sold three pieces of a much larger tract to three people. These tracts were side by side along one edge of the large tract. The buyer on the south had a correct deed. The buyer on the north had a correct deed. The buyer in the middle had a deed that said he had just purchased the same tract as the buyer of the south tract instead of reporting that he was buying the tract in the middle. The fix was considered to be the true description of the intended tract. This was then placed on a Correction Deed and recorded.

 
Posted : October 26, 2023 1:50 am
Norman_Oklahoma
(@norman-oklahoma)
Posts: 7687
Member
 

I've seen more than a few that seem to be a signature page bundled up with a collection of loose papers swept off someone's desk. Usually easements or leases.

 
Posted : October 26, 2023 7:47 am
MightyMoe
(@mightymoe)
Posts: 9967
Supporter
 

I'm looking at one now. The question is usually answered in the chain of title. There will probably an attempt to file a correction. The county is on board, I'm skeptical that it will work, but I'm not an attorney so I have limited say in the matter. Letting the title company and clients attorney hash it out.

 
Posted : October 26, 2023 8:41 am