I got a call for a boundary line adjustment. My client wants to replace a newish fence to the line where the fence was from eight years ago. His attorney says he has AP and can move it and this has convinced his neighbors.
I had to not say anything, the claim of AP is not valid in this case, I broke the section down, re-wrote the deed from sectional descriptions to a metes and bounds describing it along the sectional breakdown lines and the new split which cut through the section, this is what my original client wanted to grant. Then after discussions with my original client we actually went out staked the sectional lines to replace the fence on-line with the new description, which I believe happened.
Anyway, the whole point was to take care of any problems with fence/deed overlaps/gaps. The new owner doesn't like that he "lost" lands.?ÿ
Oh well, as long as everyone is on-board with the new line what can go wrong.?ÿ
Keepin' quiet at the appropriate time is an acquired talent.?ÿ
Mine came with age.?ÿ I'm sure there are folks that were born with that ability, but I wasn't... 😉 ?ÿ
Moe - you say that you "re-wrote the deed from sectional descriptions to a metes and bounds..." I hope you meant to say that you re-wrote the description - writing a Deed (at least in my State) can only be done by the owner or a judge). Why would you change a fractional description to a metes-and-bounds? I do not believe that I have the legal authority to do this. Title Companies tell me that this would be creating a cloud on the title. Perhaps this is another State by State issue?
@flga
Was she armed with a wooden ruler?
Why would you change a fractional description to a metes-and-bounds? I do not believe that I have the legal authority to do this. Title Companies tell me that this would be creating a cloud on the title. Perhaps this is another State by State issue?
I guess this could be a state-by-state issue - is there case law in Arizona establishing that there can only be a single, immutable description of every single property?
To me that makes no sense. Two descriptions can absolutely describe the same piece of land. There's only a cloud on title, at least relating to the description, if there is legitimate uncertainty about its location. And because it's not the title company's purview to decide whether a description can be placed upon the ground - that falls squarely in our area of practice - they don't get to make that determination.
And if we can place a description on the ground, we can certainly describe that same property, perhaps more clearly than the previous description, particularly if there have been monuments set by previous surveyors and relied upon by landowners, or a road has been punched through, or especially if that description is not based upon an on-the-ground survey and bears little resemblance to the actual lines established and honored from first occupancy.
It's one of those areas that falls under "professional judgment", and cannot be simplified to "never ever rewrite a description". Nor should the answer be "rewrite the current description every time the property is surveyed"...
yep, and 2 backups, one in the chalk holder on the blackboard (are we allowed to say that?) and an emergency backup that looked like a billiard bridge.
Yes I ment to say description. They were splitting up the land, keeping some, selling off a parcel so a new description was needed. A new line cut through the original ranch description as I noted above. So I wrote a metes and bounds description which partly followed the sectional breakdown, thus trying to eliminate any issue with possession going forward. ?ÿ
If this was a totally fractional description I would not change it, however it no longer is.
In fact this is how the description begins:
?ÿ
I don't understand how an updated deed description can place a cloud on title.?ÿ Is it due to the omission of a reference to the previous description (ie. Being the same parcel of land as described in DB 2 at Page 9)?
I had to shut myself up this morning.?ÿ It all started with a message on my cell phone from a guy I spoke with about nine months ago.?ÿ I chose to ignore that until a much more convenient time as I had no good news for him.?ÿ About two hours later I'm in the survey room at the courthouse and a fellow strolls in and starts the conversation with "I called you a few hours ago and you ignored me."?ÿ I said, "You must be Mr. Soandso."?ÿ He nodded so I went on to explain our previous conversations and conversations with his neighbor who he had assured me would pay over half of whatever it took to survey his tract.?ÿ When the adjoiner found out we were talking a fee upwards of $3000 she suddenly went deaf and stopped our conversation.?ÿ It is now the worst time of year to tackle what needs done and the cost will be even higher.?ÿ Now, it was his turn to stroke out.?ÿ It turns out another adjoiner had just handwritten a QCD for a tract about a half-acre in size and sold it to the guy who had brought it in to be recorded.?ÿ While he was reeling from my bad news, the Register of Deeds walked in,handed him the deed he wanted to file and told him they absolutely could not record it without a survey.?ÿ I figured silence was to my advantage.
@flga
About that same age, I found out that it does not necessarily have to be a nun that with a flick of their wrist can swat knuckles.
It is interesting how different states have different policies on this.?ÿ Only surveyors and attorneys are legal to write descriptions in Kansas.?ÿ Of course, the attorneys were allowed because half of the elected State offices are filled by attorneys and they are the ones who composed the statute.?ÿ Owners cannot write deeds for a new tract unless that tract is a simple aliquot such as the south half of the northeast quarter of Section 24 where they are retaining the north half of the quarter.
"I had the right to remain silent.?ÿ I just didn't have the ability".?ÿ The infamous Tater Salad.
[?ÿ .?ÿ .?ÿ .?ÿ ], the Register of Deeds walked in,handed him the deed he wanted to file and told him they absolutely could not record it without a survey.?ÿ
Something's fishy here.?ÿ It may be different in other jurisdictions but 'round here the Recorder has no authority to refuse to record a Deed assuming basic requirements are met,?ÿ signatures, notary, APN, fees & taxes, legibility, etc.?ÿ BTW, the description could be garbage; the Recorder is not equipped to determine its veracity.
For example (Ohio):
A county auditor may not refuse to process a deed because he
believes that the deed is legally defective if the deed contains a
description that enables the auditor to identify the property to
be transferred. (1969 Op. Att'y Gen. No. 69-139 approved and
followed.)
