I did a rural subd. in the 1980's with large lots. A couple of yours ago the owner sold on a contract a part of the lot. When it was paid off, the owner asked me to write him a desc. for the part that he was selling to his buddy. I told him that a replat was required by the county and doing otherwise was a violation of the rules.
The seller could not find a surveyor that would violate the rules so he and the buyer get together, downloaded a form, wrote this crap and filed it for record with the clerk.
As I understand the laws of these United States, AND I MAY BE WRONG, but if the description is so ambiguous that you can't stake it on the ground, then there is a STRONG POSSIBILITY that a judge can declare the title void. This appears to be one of those times.
My $0.02
Several years ago I did a simple land division for some folks, and it involved creation of a private easement for access to the rear parcel. I provided the description and recorded my survey, but until there is a conveyance none of them exist under our laws. I told them to take the easement description to a title company or their lawyer for preparation of documents and all they needed to do is grant it to themselves. Simple stuff, easement is created for likely another few hundred dollars.
They later sold the parcel & I got a call from the buyer regarding this access easement, since the county had no record of the conveyance and wouldn't issue a building permit. These folks just recorded my description, but there was not conveyance or acceptance, which is required. It got fixed pretty quick, but I just wonder sometimes.
I'm one of those weirdo's who does not complete deeds or other things like that. Here is your description, and this is what you need to do to complete your deal. Let the legalese people deal with that.
Not even enough information to tie it to the subdivision or a lot within. If the grantors own property elsewhere in the county the grantees might be able to claim a chunk.
I developed a good relationship with a client when I surveyed and helped him fix a mess made by a relative that "knew how to" describe 40 acre parcels by aliquot description. He partitioned a couple of hundred acre ranch over two sections with his descriptions. He just got the quarters in the wrong order - the NE1/4 SW 1/4 became the SW1/4 NE1/4. This aggravated several of the neighbors!
Ring Ring
I have a client who has a neighbor with an encroaching fence. Years ago, I told him to resolve it with the neighbor. He called last week. He never took care of the little problem and the neighbor went into foreclosure so it is an opportune time to put the fence on the record line.
I sent a proposal for staking the line. His siblings did not agree with the 'excessive' fees to stake the line since we had already surveyed it a few years ago. He asked if I could get one of my employees to moonlight the job for less. I explained that I cannot and when one of my guys moonlights, I am still responsible. It's just not worth it.
He appreciated it and because he is a mechanical engineer, his brother a physicist and the third sibling can hold a tape, they expect to be able to figure it out within reason.
I told him good luck. We will see how close he comes.
Patent ambiguity is nearly impossible to prove, but theoretically, you're correct.
You only forgot one thing....
Ring Ring
Next time tell him ask an attorney for a fixed fee to settle the boundary dispute.
I suppose they get what they pay for. I'm still scratching my head over the POB. So far I've nailed down to somewhere in a county in Texas but that was about as far as I could get.
As long as the Stovalls and Bostons are alive, present, and on speaking terms nothing bad is likely to happen. It isn't until after they have shuffled off that the stuff will hit the fan, probably.
In every State I've researched unity of title extinguishes easements. They would need to reserve it at sale or Plat it...
I have only dealt with New York State but that is also my understanding
Licensed Land Surveyor
Finger Lakes Region, Upstate New York
So there wasn't any "subject to/together with the following described access easement..." language on the description of parcel they sold?
Deed Closes Perfectly Well
When appropriate facts are considered.
First off, John Harmon did a subdivision, so there is a record map.
The enclosed deed description is of a portion of one of those lots, in fact it was the lot owned by the seller/describer. That several courses are wrong probably reflects on how those lines were marked on said map.
The description closes within 0.001' and contains 2.19 acres.
The deed is sufficient for me to stake it in the field and write a corrected description.
Of course a bit of extra research is required, but the deed is not a latent or patent ambiguity. There is sufficient evidence on record to remove all ambiguities.
Maybe surveying is harder in Texas than in Pennsylvania.
I can also make other assumptions, the original lot was 477.74' in EW dimension and at least 538.13' NS and the road access is on the West side.
Paul in PA
Deed Closes Perfectly Well
In my county, you can write and transfer deeds all day long. The rub is when you try to get a building permit for something and get denied because it is no longer considered a conforming parcel. Then the wailing and gnashing of teeth starts
Ring Ring
Perhaps they will be the ones with the fence over the line after the dust settles.
When the neighbor's house goes to auction and sells, someone will probably renovate, expand, tear down or otherwise alter the home and then need a survey. The new location of the fence will be determined and the parties will know if it needs to be moved again. I am not going to worry about such a little job and I am certainly not going to cut corners to meet their minuscule budget.
I'll clarify. Here recording a survey splitting a parcel into more, but still legal parcels does not create them. They do not get created until the conveyance takes place.
The alterative as sugessted is a minor subdivision and requires gov approvals along with dedications and acceptance. The costs are about double and take a while.
The workaround is the owners deed things to themselves, thus creating them. This guy didn't follow up like I recommended.
Seem weird to me too
Deed Closes Perfectly Well
> When appropriate facts are considered.
>
> First off, John Harmon did a subdivision, so there is a record map.
Based on the given information, John Harmon did not subdivide a tract of land. He did buy a lot in a platted subdivision
>
> The enclosed deed description is of a portion of one of those lots, in fact it was the lot owned by the seller/describer. That several courses are wrong probably reflects on how those lines were marked on said map.
The problem is that the portion of the parent lot that this lot is being subdivided is not mentioned.
>
> The description closes within 0.001' and contains 2.19 acres.
Didn't run a closure, to lazy.
>
> The deed is sufficient for me to stake it in the field and write a corrected description.
To stake this lot you would need to be given auxiliary information. You could not locate this lot in said county based on the legal description.
>
> Of course a bit of extra research is required, but the deed is not a latent or patent ambiguity. There is sufficient evidence on record to remove all ambiguities.
Refer to the prior statement.
>
> Maybe surveying is harder in Texas than in Pennsylvania.
>
> I can also make other assumptions, the original lot was 477.74' in EW dimension and at least 538.13' NS and the road access is on the West side.
>
> Paul in PA
The legal description should be able to stand on its own. It must reflect, in this case, the lot and block of the subdivision that the area that is being sold is located. The WD does not give that information, unless it was redacted to protect the individuals involved. We, as surveyors, are required to protect the interests of the public, even from themselves. The county clerk should have never recorded this deed. Land can be sold by metes and bounds, as long as there is adequate information to locate it on the ground, which this deed does not.
