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Legal Advice

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rlshound
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Morning,

The attorney has requested a metes and bounds legal to describe the highlighted ingress/egress easement. I'm thinking about a "together with" to describe the connecting portion between the curve. Your ideas would be appreciated.

Thanks,


 
Posted : April 17, 2018 7:29 am
stephen-ward
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I'd probably add calls across both ends of the center section so that you can describe the two easement sections separately.?ÿ The point of beginning for the longer easement would also be the point of commencement for the center section.


 
Posted : April 17, 2018 7:38 am
rlshound
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Thanks Stephen, I was thinking along that path but that makes it clearer.


 
Posted : April 17, 2018 7:47 am
dave-karoly
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Parcel 1:

Describe the main easement around.

Parcel 2:

Describe the connecting portion.

That is the common way where I practice.

If you don't like that you could do:

Describe the main easement around.

TOGETHER WITH:

Describe the connecting portion.


 
Posted : April 17, 2018 8:25 am
dgm-pls
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Another option for you is to describe the outer math and then "exclude" the interior math.?ÿ That way the math in the legal is the same math as on the plan.?ÿ


 
Posted : April 17, 2018 9:11 am

a-harris
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Describe the outer boundary and less and except the inner property with a metes and bounds of its boundary.


 
Posted : April 17, 2018 9:53 am
daniel-ralph
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I would probably define the longer loop first leaving a Point A and B at the ends of the second part and start there for its portion. I note that you have the old 1' gap on the south end of Lot 1. Mind that gap.?ÿ


 
Posted : April 17, 2018 10:00 am
ppm
 ppm
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Looks like a portion of it (on the South end) may not be the same width as the rest... If it wasn't for that, I would almost always describe as a centerline with a constant width. But sometimes reviewers require metes & bounds. Typically around here it is the Planners that request m&b the most, then attorney's second. That has been my observation...


 
Posted : April 17, 2018 10:24 am
paul-in-pa
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An easement is just that an easement, there can be no less and except from an easement.

Describe the longer easement first and then the second can begin at any described point on the first, such as "the termination of 7th course of first described easement."

HMM? "ingress/egress easement", then all utilities must be in their own described easements.

Paul in PA


 
Posted : April 17, 2018 11:02 am
flyin-solo
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here's how i've always done it, never had a problem:

?ÿ

basically, remove the island.?ÿ one call gets gone over twice (once in each direction).?ÿ?ÿ


 
Posted : April 17, 2018 11:37 am

a-harris
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@ Paul in PA

If you don't like the use of "less and except", describe the outer boundary in one metes and bounds and the inside boundary in a second metes and bounds.

@ flying solo

Will a cogo computation using that description yield the correct area?


 
Posted : April 17, 2018 1:23 pm
flyin-solo
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indeed it will.?ÿ at least in the 3 or 4 different ways i've used to run closures on them.

conceptually it's just a closed figure where one call happens to run over the top of another.


 
Posted : April 17, 2018 2:15 pm
rlshound
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Thanks Dave, I ended up using your method of two Parcels, citing Point of Beginning for Parcel 1 was the Point of Commencement for Parcel 2.


 
Posted : April 17, 2018 4:25 pm
rlshound
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Interesting Flying Solo, Thanks for the idea


 
Posted : April 17, 2018 4:28 pm
rlshound
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Thanks Paul in PA


 
Posted : April 17, 2018 4:29 pm

rlshound
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That was the kicker PPM, Thanks


 
Posted : April 17, 2018 4:30 pm
rlshound
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Thanks A Harris


 
Posted : April 17, 2018 4:31 pm
rlshound
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Thanks Daniel, saw that too


 
Posted : April 17, 2018 4:32 pm
thebionicman
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There is no reason 'less and except' cannot be used in an easement description. Easements are rights in real property.?ÿ

'The east 5 feet of lot 6, less and except the north 5 feet thereof' is no less valid if it describes an easement than if used to describe fee transfer.


 
Posted : April 17, 2018 7:59 pm
billvhill
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I would go from L1 cross the road intersection to C1, L10,C2,L11 cross the road on along the common line go to L2 and circle clockwise to the point of beginning


 
Posted : April 17, 2018 8:31 pm

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