A title company has supplied an easement deed (from 1934) to me which is incomplete. As in pages are missing. They have given me 2 pages but there were clearly more once upon a time. The pages which we have do not have any signatures nor any recorders stamp on them. The description of the land affected is cut off in mid sentence at the bottom of page 2.
The title company is going back to the source (county recorder) to see if there is more. But, assuming that there is not (this has happened before and there usually isn't), is the deed void??ÿ ?ÿ ?ÿ
wouldn't void it as far as i'm concerned. i'd bet the second you make that call the dominant estate coughs up a complete copy.?ÿ
but even if they can't- shouldn't the safe assumption be that all parties faithfully executed their portion of the easement and that, through no fault of theirs the document is now in a state as to render it not traceable?
i'd say it affects all day long.?ÿ let the title company and the recorder solve that problem- that's what they are there for.
I have no idea about law.?ÿ But reasonableness says there is good evidence of a sale of rights in some land.?ÿ If it can be determined by other means what land was intended, then it should stand.
The issue I would have is whether the legal description can be laid out on the ground (is the legal description complete, or are pages missing from it).?ÿ A description is not sufficient if it can not be identified on the ground. Just my opinion.?ÿ Whether the deed can be guaranteed is up to the title company.
Several times I have been confronted with similar issues. Once, the document supplied by the title company didn't have signatures or acknowledgements but they were still going to except it from title. I visited the sewer company that was the beneficiary and they produced not only a legible copy but one with original signatures and notary stamps;?ÿ they agreed to file it for record supplanting the incomplete version.?ÿ
As far as the original question, I don't think "the deed is void". I wouldn't want to step in that pile of dog poo, let a court decide that fate. If you cannot determine the extents of the easement or property because some documentation is missing, I don't recommend making it up. Disclose is your only option.?ÿ
It is not invalid. Intent of title transfer was met.
It is insufficient to establish the whole enchilada.
Encountered this a few years ago. Neighbor was not liking the location of the common boundary with my client. Was a clear and present location with all except two monuments in place.
His deed contained a typo that was clearly correct on the plat an on the ground and digits transposed in the deed. Only half of his property description was contained in his deed and the other half was on the missing page of his deed.
Never was able to find out if it was a mistake at the Clerk's Office or from the Attorney's office because he would not produce the original.
The missing page in the recording of his deed put the neighbor in the position that he did not have sufficient proof of his claims.
With that assumption, the deed is void.?ÿ Not voidable.?ÿ Doesn't have the minimum requirements of a valid contract.?ÿ Interpretation of deeds have some unique rules that some other contracts don't, but they still are contracts and have to have the minimum requirements.
The description and the recorder stamp might be got around, but lack of signatures kills it.
"Easement Deed." Boy do I hate that title! It's one or the other but it can't be both!
This is why I do my own research no matter the amount of information provided by others.
