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Deed with poor description - Texas

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RPLS#
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I have been asked to survey (and subdivide) an approximately 2.4 acre tract of land. The description in the recorded deed reads roughly as follows: A 10,042 square foot tract of land being a portion of billy bob's 10 acre tract, and being tax parcel ID#xxx-xxx-xxx. Thats it, the deed doesn't have any metes and bounds. The tax assessors map online shows dimensions and they mathematically equal the area called for in the deed. Without referencing the tax map I would have no way to locate the 2.4 acre tract. The deed is only about 5 years old, and it appears the land was owner financed. I'm not sure how they were able to sell 2.4 acres out of ten without a subdivision plat. The north and west adjoiners description was written in basically the same way but does not reference a tax parcel, just gives an area sold.

How would you survey this? I'm guessing this is a case where a boundary line agreement is needed.


 
Posted : March 20, 2018 5:50 pm
bill93
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Are there any physical features that approximately line up with the tax map??ÿ How did the tax map get drawn??ÿ It could be the owners considered the fences/ditches/whatever to delineate it and didn't realize the need for better description.


 
Posted : March 20, 2018 6:27 pm
MightyMoe
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Do you mean .24 acres?


 
Posted : March 20, 2018 6:48 pm
RPLS#
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ahh i mean 105,270 sq. ft....its been a long week


 
Posted : March 20, 2018 7:10 pm
RPLS#
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I havnt been out to the site yet, but it appears there may be a fence along the tax parcel lines.?ÿ


 
Posted : March 20, 2018 7:12 pm

Norman_Oklahoma
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How would you survey this? I'm guessing this is a case where a boundary line agreement is needed.

Probably you are going to run a line along the fence and produce a new, better, description which Billy Bob can then quitclaim.?ÿ?ÿ


 
Posted : March 20, 2018 7:17 pm
thebionicman
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The survey of the 2.4 sounds like it may be easy. The actions of the owners (fence) substantiated by thier testimony that it reflects the boundary they created solves the location problem.

Every State has a different way of memorializing the agreed boundary. Whatever you do DO NOT do anything that appears to transfer the property. That already happened. What needs done now is to clarify what was sold by an agreement or correction deed, whichever follows the laws of your State...?ÿ


 
Posted : March 20, 2018 9:00 pm
a-harris
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Research for previous conveyances of that property should reveal the original metes and bounds.


 
Posted : March 20, 2018 9:24 pm
RPLS#
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Posted by: A Harris

Research for previous conveyances of that property should reveal the original metes and bounds.

This was the right answer. Sometimes I just need someone to smack me in the face with the obvious stuff.?ÿ It has a really good description actually. It got stripped out a few conveyances back.?ÿ


 
Posted : March 21, 2018 5:14 am
a-harris
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@RPLS#

The need for Research is high priority in metes and bounds areas of the subject property and adjoining properties to obtain how ans when the properties were created and by what means they were surveyed.


 
Posted : March 21, 2018 8:14 am