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Calls to Parcel Numbers

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(@ridge)
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OK, the latest trend in my area. Calls in descriptions to Parcel numbers, which around here are the recorders parcel numbers. The assessor has started using his own Serial Numbers. I spoke with the recorder and like me he don't like using Parcel Numbers. Recorder told me he was seeing calls to corners by parcel numbers from surveyors. One reason I don't like this is they are not stable as when parcels are split they change or when a subdivision is done they disappear (current parcel number). I don't think using the Parcel number can be depended upon to locate the parcel.

So even though you might be able to say, find the southeast corner of Parcel 20234 today it might not work next year. A book, page and entry number for the deed would be better, at least that survives time and you could see the description it was meant to apply to.

A few years ago I seen a deed recorded by an attorney deeding about ten Parcels by only calling out the Parcel numbers. Wonder how that worked out?

It seems to me that the more able we are to be precise and accurate in descriptions, and do it fast with computer text, the worse it seems to get. Say I sent a title company the text for a 3 page description. They wouldn't have to do anything but paste it in. So why would they take the time to reduce it to one paragraph of B & D trash and a coupe of calls to Parcel number corners. WHY??????????

 
Posted : November 5, 2013 1:47 pm
(@rankin_file)
Posts: 4016
 

that ain't nothin'- i have a deed here for a parcel as shown on a record of survey. FYI, the record of survey in Montana is a corner recordation form for a non-PLSS corner....

 
Posted : November 5, 2013 2:38 pm
(@dave-ingram)
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It's called laziness by low ballers - be they surveyors, lawyers, or whatever.

 
Posted : November 5, 2013 2:41 pm
(@mightymoe)
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Bad practice IMHO

 
Posted : November 5, 2013 2:52 pm
(@john-harmon)
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I could be wrong, but I think it would be against the BOR rules for adjoiners in Texas, since the Tax Numbers are not of record. If it ain't it should be.

 
Posted : November 5, 2013 3:04 pm
(@c-billingsley)
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Doesn't sound like a good idea to me. The parcels could change drastically and still have the same number. I'd hate to have a call to the corner of a particular parcel and not know that it's referring to the corner of what is now a different parcel.

 
Posted : November 5, 2013 3:11 pm
(@mightymoe)
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BTW what is the parcel number.

Here are two for the same parcel in my county.

This one from the deed book:

This is from the GIS a number for the same parcel:

 
Posted : November 5, 2013 3:30 pm
(@a-harris)
Posts: 8761
 

The local Sheriff's sales produce deeds that the property descriptions consist of a Tax ID numbers and little more.

I vent every time one shows up at my door.

I make a point to send the client to fetch the proper deeds and references needed to get the job started as they are the ones feeding the system responsible for creating such lazy paperwork.

My usual statement is "from what I see they only bought a piece of paper and not any land".

0.02

 
Posted : November 5, 2013 3:31 pm
(@mike-berry)
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Leon,
In OR. it is not allowed by statute.

Perhaps UT has a similar law. I've noticed a lot of western states have cribbed off one another.

OR. Revised Statutes
Chapter 93 — Conveyancing and Recording

2011 EDITION

CONVEYANCING AND RECORDING

PROPERTY RIGHTS AND TRANSACTIONS

GENERAL REQUIREMENTS FOR DISPOSITION OF REALTY
...
93.600 Description of real property for purposes of recordation. Unless otherwise prescribed by law, real property shall be described for recordation by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by partition plat recording and parcel numbers, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page, document number or fee number of any public record of the county where the description may be found or in such other manner as to cause the description to be capable of being made certain. However, description by tax lot number shall not be adequate. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property. [1987 c.586 §2; 1989 c.772 §26; 1995 c.382 §10]

 
Posted : November 5, 2013 3:37 pm
(@larry-p)
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:good:

 
Posted : November 5, 2013 3:41 pm
(@larry-p)
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> Leon,
> In OR. it is not allowed by statute.
>

I like that Mr. Berry. Good catch.

My problem with Tax parcel numbers on plats or in descriptions is that they are subject to change at the whim of the tax mappers. On occasion I have had clients want tax parcel numbers included in reports etc, but so far I've always been able to convince them it was (and is) a bad idea.

Larry P

 
Posted : November 5, 2013 3:43 pm
(@brian-nixon)
Posts: 129
 

When writing a description I will include a Tax Map Parcel number in describing the ajoinder but I also include the current ajoinders name and deed citation, I'm a belt and suspenders kind of guy.

 
Posted : November 5, 2013 3:53 pm
(@ridge)
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Still looking but only found this so far:

Document for recording requires legal description

Looking for definition of legal description. That's so basic I don't think they thought to define it by statute.

 
Posted : November 5, 2013 4:07 pm
(@jmfleming)
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We surveyors should be the only professionals responsible for writing legal descriptions. A while back I tried to get some folks in the surveying community onboard with this and I got zero interest from them. Puzzling.

 
Posted : November 5, 2013 4:36 pm
(@brian-allen)
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> Still looking but only found this so far:
>
> Document for recording requires legal description
>
> Looking for definition of legal description. That's so basic I don't think they thought to define it by statute.

[sarcasm]Don't look under "legal" description, as we have heard many times, it can only be made legal by an attorney.[/sarcasm]

Maybe that is why attorneys like using tax numbers - if they use them, they become "legal"

 
Posted : November 5, 2013 4:41 pm
(@ridge)
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Next time I sell a car I'm going to do it by the license plate number. That's so much simpler than the year, make, model and year, make, and vehicle identification number.

 
Posted : November 5, 2013 4:58 pm
(@mike-berry)
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This might be a lead:

This is from a search of Utah code and I didn't wade through all the sections, but I offer this promising cut/paste

17-21-1. Recorder -- Document custody responsibility -- Electronic submission procedures and guidelines.
-----------------------------------------------
17-21-20. Recording required -- Recorder may impose requirements on documents to be recorded -- Prerequisites -- Additional fee for noncomplying documents -- Recorder may require tax serial number -- Exceptions -- Requirements for recording final local entity plat.

...

(4) (a) To facilitate the abstracting of an instrument, a county recorder may require that the applicable tax serial number of each parcel described in the instrument be noted on the instrument before it may be accepted for recording.

(b) If a county recorder requires the applicable tax serial number to be on an instrument before it may be recorded:

(i) the county recorder shall post a notice of that requirement in a conspicuous place at the recorder's office;

(ii) the tax serial number may not be considered to be part of the legal description and may be indicated on the margin of the instrument; and

 
Posted : November 5, 2013 5:06 pm
(@ridge)
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This might be a lead:

They want the current tax serial number on there to record and being able to put in in the margin allows you to write it on there (or the recorder) to keep things going. The recorders may be a victim of their own requirements by doing this because folks seem to be linking the two, description and tax number, and just the tax number is SO MUCH simpler. Thanks for the help! I hadn't looked at the recorders statutes.

 
Posted : November 5, 2013 5:18 pm
(@mike-berry)
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This might be a lead:

> I hadn't looked at the recorders statutes.

There may be more pertinent info in that section - that one just caught my eye. Our statutes have a couple of disembodied sentences which ended up in the County Clerk's (recorders) laws so that gave me a sneaking suspicion that the same might hold for Utah. The segment I pasted has a lot of occurrences of "may" rather than "shall" or "will" (...Recorder may impose requirements on documents to be recorded... a county recorder may require that the applicable tax serial number...) so it is optional and probably varies county by county. Good luck.

 
Posted : November 5, 2013 5:46 pm
(@dave-ingram)
Posts: 2142
 

In spite of my remark above ....

there is nothing wrong with providing tax map identifiers in addition to owner's name, deed reference, street address, etc. In Virginia, for instance, subdivision rights go with tax parcels in many jurisdictions. It provides an easy "in" to the GIS. etc etc

Providing additional information is seldom bad.

But having said that, using a tax map number as the sole reference to a parcel is lazy & insufficient as I commented above.

 
Posted : November 6, 2013 4:47 am
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