I was hired to locate two access easements across one land owner (Smith) to my client's lands, draw plats for both of them and create two descriptions. All is going well, then I look at the west side of the grantor's deed and remember from years ago that there is a "conflict" with both points of beginning which are exits from an established county road. The "conflict" was created by some misunderstandings of the deed description to the west of the grantor's parcel. The grantor's deed reads all of Tract xx and Tract xy lying east of the county road. Simple enough, the deed west of the county road is a description that while not calling out the road clearly follows calls that run in a south southeast direction with the road. The deed uses a sectional description, the section in question is now 1.49 acres, the remainder being Tracted.?ÿ
If you can throw out the existing "section" and use the positions of the tract corners for the section corners as they originally were; presto, the deeds fit each other. But, of course, all the tax maps and such hold the metes description for the west tract by using the new "sections" ignoring the simple bounds description.?ÿ
This is the second time I've dealt with this parcel, I already advised the client who owns the west parcel to look into "cleaning up" the issue, so far he hasn't felt too interested since like he says, Smith has always owned east of the road and I've (Jones) always owned west of the road.?ÿ
So I draw the plats I and send them to the attorney. I get a call from a third party (title co) that there is a problem. They say I need to show the Jones parcel and get an easement from him.?ÿ
I tell them, no I don't, Jones doesn't own east of the road, they say yes he does it's right here on the map. I tell them the map is wrong, go with the Smith legal. So back and forth, back and forth.?ÿ
Wow!!!?ÿ
What do I know, I'm just a surveyor.
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