When composing a description suppress your attorney urges,,,,,,,just saying!!!!
Editing a description and almost didn't catch some verbiage that shouldn't be there. Let the attorneys do their thing.?ÿ
When composing a description suppress your attorney urges,,,,,,,just saying!!!!
Did not compute, more data needed, error 404 page not found. ?????ÿ
@flga-2-2?ÿ
For instance don't say a description for warranty deed. Not our call. Leave off the names of grantor/grantee. Sometimes there needs to be a reference when trading lands, or a string of owners for a long utility line easement, but be careful when you do it.?ÿ Don't say it's for a blank, blank, blank (BLA, Family Exemption, ect.). Let the attorney do it.?ÿ
Describe the land, let attorneys describe the agreement for the land.?ÿ
Describe the land, let attorneys describe the agreement for the land.?ÿ
Perfect advice. ?????ÿ
@mightymoe some of the younger people do not understand what you are saying, it gets even more complicated when there are big issues with title lines where, when they find problems with title lines, they think that it's their position to apply case law and court rulings they have studied to fix the problem themselves.
Our job is to write a Description of Property, describing the outbounds only, references to names of the adjoiners always drives me crazy, especially when years have passed and all the parcels have switched hands, sometimes multiple times.
We write descriptions specific to the title lines, no need to embellish, if the Attorney wants to add information in the deed, that's up to them.?ÿ Our description is not the legal document, the deed is.
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@flga-2-2?ÿ
I learned something this morning, a friend of SWMBO has been back and forth about dividing up the homestead. She has a very nice old small family ranch now surrounded by higher priced lands. Her husband died about 10 years ago and there was a flurry of legal filings, trusts, death cert. Anyway the GIS at the county lists Book xxx, page xxx as the description for the land. It's an Affidavit of Succession of Trustee. It described the lands the same as the Warranty Deed from a few years before. However, it combines some lands and removes the listing of the Parcels that are kept separate in the WD. The family would like to start disposing without subdividing. But the latest description doesn't list the parcels so maybe they can't be sold and the zoning won't allow that small a parcel to be split off.?ÿ
The attorney says no,,,,,,,,the affidavit is not a conveyance. All it is is notice to the public. It should not be used in the GIS as the conveyance document and I can tell the regulators that if it comes up. I told him I will have them call him if it comes up. Another reason I don't try to practice law.?ÿ
My little family splits have just gotten more complex. Seems there are restrictions from the county (I know those), but now there are restrictions from the trust. It may be that the family can't divide up anything. I will find out from the attorneys next week. Be careful out there. One more thing to include in the tool box when discussing splitting lands.
Just say as long as your family trust allows it......................
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Trust restrictions are?ÿ better left to an attorney, but surveyors should be the go to professionals for local goverment subdivision restrictions.?ÿ?ÿ
@flga-2-2?ÿ
I learned something this morning, a friend of SWMBO has been back and forth about dividing up the homestead. She has a very nice old small family ranch now surrounded by higher priced lands. Her husband died about 10 years ago and there was a flurry of legal filings, trusts, death cert. Anyway the GIS at the county lists Book xxx, page xxx as the description for the land. It's an Affidavit of Succession of Trustee. It described the lands the same as the Warranty Deed from a few years before. However, it combines some lands and removes the listing of the Parcels that are kept separate in the WD. The family would like to start disposing without subdividing. But the latest description doesn't list the parcels so maybe they can't be sold and the zoning won't allow that small a parcel to be split off.?ÿ
The attorney says no,,,,,,,,the affidavit is not a conveyance. All it is is notice to the public. It should not be used in the GIS as the conveyance document and I can tell the regulators that if it comes up. I told him I will have them call him if it comes up. Another reason I don't try to practice law.?ÿ
They can use anything they like in the GIS, because the GIS is not a legally binding document. It's when they start insisting someone can't do somerhing because of how it is depicted in the GIS that we need to start telling them what they should and shouldn't do.?ÿ
A very nearby situation in a family split of some properties between two brothers and a sister after the death of their parents is interesting.?ÿ On the face of the deeds from the brother who was the administrator to his brother, his sister and himself is the expressed demand that none of the real estate could be sold to anyone but another of the three of them without agreement by the other siblings.?ÿ That sounds simple.?ÿ But the elder brother is 80, the sister is 75 and the younger brother is 73.?ÿ None are in great health.?ÿ They have a total of 10 at the next generation down.?ÿ Far more than that at the next level and some at the next level down.?ÿ So, if the one with five children dies tomorrow, who gets to sign off in his place.?ÿ That information is not available in the County office.?ÿ Hopefully, it is buried somewhere in the documents filed with the Court to settle the estate of the parents, who died eight days apart.?ÿ The land involved is of fairly low value, however, it would take a suit to quiet title on parts of the land because the parents never filed deeds nearly 60 years ago when they "allegedly" acquired some small tracts from a family who left the area completely.
The short definition of practicing law (here) is advising another of thier rights. We walk a fine line.
I make reasoned professional decisions based on evidence and the law. I share these with my client and record them in the courthouse. At times this involves recognizing complex fact patterns involving rights that have arisen but are not yet known or in the record.
While I don't shy away from my duties I am less inclined to prepare a deed or boundary agreement than I once was. The small fee for an attorney to structure a legally sufficient document is cheap peace. It is also easier to ask others to stay in thier lane when I am squarely in my own...
Ooof.?ÿ I'd just quietly back away from that big warty nosed sleeping giant of wtf and never look back.
On the other hand, go pro everything and YouTube if you do go into the breech and have the blocking of the probate and few big body guards for protection of the gear.
Keep us posted, sounds like a potential Jerry Springer episode of gigantic magnitude to figure out who owns what, why?ÿ and how they acquired the land from the other people whom since disappeared.
This field is never a dull moment that's for sure.
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There's nothing wrong with using N/F abutter name calls.
If you're not confident in that with the research you did for your boundary survey, then you need to do more.?ÿ
Or are we at the point now where even that little extraneous information is a potential liability?ÿ
Even in if you're in the PLSS I can't understand why references to adjoiners would drive you crazy.?ÿ You can't create a description that is fool proof, so worrying about someone not understanding that "now or formerly" is implied when reviewing bounds calls doesn't seem reasonable.?ÿ Then again, your area of the world may simply prefer metes only and you're right to be annoyed by bounds calls in your area.?ÿ Boundary descriptions fall within the, when in Rome do as the Romans, category for me.
I would say to the younger generation that it's important to respect the traditional methods of describing land in your state, maybe even county, but don't be so blinded by nostalgia that you fail to search for improvements.?ÿ?ÿ
As indicated above, there's no correct description, as we all work within our own cultural norms.?ÿ Presently, I've been using a preamble to describe: how much land, bounded by whom including pertinent deeds, when I performed the survey and project #.?ÿ The second paragraph then runs the Metes with abbreviated bounds.?ÿ I break from NC tradition in that I will not use legally ambiguous terms such as: along, with, running with, running along, or either side.?ÿ Those terms sound cooler than, "coincident with" until you're in court...
Part of my deed description template is based on a desire to isolate the information most professional typically seek.?ÿ Placing acreage in the first sentence of the first paragraph is helpful for deeds transferring multiple tracts.?ÿ Having the "who surveyed it and when" data as the last sentence of the first paragraph is also useful.?ÿ Keeping the metes free of bounds references makes it easier to retrace, match calls to other deeds and plats, and generally makes it more pleasant to read (is it necessary to alert readers that this is my opinion or must I place IMO after every sentence so as not to offend?).
