I will be writing a legal description on a parcel where an adjoining deed call crosses a monumented line. I show the deed overlap on my plat.
I don't recall having read a legal that mentioned any sort of gap, overlap or encroachment.
Have you?
I often mention those goat stake monuments that are out of place and/or can not be traced to their origin as "found 3/4 inch iron pipe bears S45W at 5.42 feet".
IMVHO, the property description is no place for mentioning gap, overlap or encroachments or any other problem.
As long as you say "In accordance with a plat drawn by xxxxxx dated xxxxx then I don't see why you need it. The description is telling you that you can view the plat for more details. It may become cumbersome to try to include all that stuff in the description.
I agree with mentioning a found pin at XX bearing and XX distance from your recovered corner, so that the next person knows you found it, and made the choice to not honor it, and does not feel you overlooked it, or missed it, or just ignored it. Other than that, the reference to the plat will show a graphic for non surveyors to see whats up.
A Harris, post: 390270, member: 81 wrote: I often mention those goat stake monuments that are out of place and/or can not be traced to their origin as "found 3/4 inch iron pipe bears S45W at 5.42 feet".
IMVHO, the property description is no place for mentioning gap, overlap or encroachments or any other problem.
My style is: "found 3/4 inch iron pipe bears S45W at 5.42 feet, no record, not accepted" or "found 3/4 inch iron pipe bears S45W at 5.42 feet per XXX, not accepted."
Why would you even consider mentioning a supposed gap or overlap in a description or showing it on a survey, isn't resolving those ambiguities part of a professional service, and if they are resolved do they really exist to show or mention?
As to mentioning rejected monuments on a survey or in a description, if you are going to rejected them as being evidence of the corner, wouldn't it be more helpful to explain the reasoning (applicable evidence and law) as to why they were rejected as not being the corner?
On a survey plat/drawing/whatever they are called in your area, it makes sense to explain rejected evidence. Putting any mention of discrepancies or contrary evidence into a property ("legal") description that will be part of a deed is setting up for a lawsuit, which is not serving the client or the public.
JB, post: 390264, member: 346 wrote: I will be writing a legal description on a parcel where an adjoining deed call crosses a monumented line. I show the deed overlap on my plat.
I don't recall having read a legal that mentioned any sort of gap, overlap or encroachment.
Have you?
I agree that the legal description should not include any mention of an overlap, but I still don't understand why it is standard practice in some parts of the country to write a legal description for a parcel that is shown on a plat.
