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Corrected description question.

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RFB
 RFB
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I have a legal description that doesn't match the property. Actually, a piece was just left out.

I've corrected the description, now what do I do with it?

Is it time to get a lawyer involved?

Thanks
Rick:-P


 
Posted : September 16, 2010 10:03 am
DeralOfLawton
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In Okie if they left out a line from a previous description then you file another deed at the courthouse. It's called a scriveners error in Okie. No big deal and they happen a lot with the cut an paste from attorneys.

You just call it a corrective deed. It has it's own form.

Deral


 
Posted : September 16, 2010 10:17 am
jud
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You must be surveying a tract with the latest deed description to trigger the question.
What I do unless a lot and block type of description is to look at the original writing for the tract of interest. If they differ, I find out where it happened, survey using the original description and stating the reason for doing so on the survey. As a surveyor, I can write descriptions, I cannot write deeds and record them, that is for the owner to get done.
jud


 
Posted : September 16, 2010 10:35 am
stephen-johnson
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> You must be surveying a tract with the latest deed description to trigger the question.
> What I do unless a lot and block type of description is to look at the original writing for the tract of interest. If they differ, I find out where it happened, survey using the original description and stating the reason for doing so on the survey. As a surveyor, I can write descriptions, I cannot write deeds and record them, that is for the owner to get done.
> jud

In Texas and in Oklahoma surveyors can and do create deeds and once they are signed by the proper parties can record them as the owner's agent. Mostly though L@#$rs do the deeds and owners or la234rs do the recording.

I have recorded more than one subdivision plat as the owner's agent and other forms. A deed is no different.


 
Posted : September 16, 2010 11:12 am
Lamon Miller
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I would call the person responsible for writing the first deed and explain the problem. They should correct it for no charge.


 
Posted : September 16, 2010 11:35 am

RFB
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THANKS GUYS, GOOD INFO!

:beer: :beer:


 
Posted : September 16, 2010 1:51 pm