Hi guys!
I wonder how you prepare legal description (metes and bounds) of properties with holes/islands in your country.
Regards.
If I'm understanding your question correctly, what we do is prepare a description for the complete outer boundary and a description for the area to be excepted (hole or island). Then the document reads the tract described by the outer boundary less the tract (or tracts) described by the exception wording.
For example: A tract described as (such and such) less a tract described as (thus and so).
We encounter this rather frequently.
I stopped doing them save&except style based upon several snafus regarding the recording of those tracts (which I was in no way responsible for, but still had to deal with the mess).
I always insert an over and across call, one that allows you to go inside the figure, run the island out, go back over and across the same call, and complete the single closed figure. This has never resulted in any incorrectly recorded or interpreted tract (say, for instance, where the s&e piece gets omitted from the description somehow...).
Holy Cow, post: 430305, member: 50 wrote: If I'm understanding your question correctly, what we do is prepare a description for the complete outer boundary and a description for the area to be excepted (hole or island). Then the document reads the tract described by the outer boundary less the tract (or tracts) described by the exception wording.
For example: A tract described as (such and such) less a tract described as (thus and so).
We encounter this rather frequently.
That's pretty much how I do it too. I encounter this situation all of the time, and the "it depends" caveat comes into play here as well. IF the "tract(s)" in question are matters of Public Record (identified Tracts, Parcels, Properties), then the identification of each Tract is somewhat simplified. On the other hand, IF the Tract(s) in question are NOT a matter of Public Record per se, then it is very important that said Tract(s) are explained and described in greater detail.
Hmmm, I hope that makes sense...
Less and except Lot 27, Section XX, Township xx North, Range xx East, being more particularly described as follows: (Metes and Bounds). Is pretty easy.
A tract that has no known identity (see Gene Kooper's discussion of Chapter 10 below), requires somewhat more EXPLANATION (reason for its existence, location, controlling boundaries etc).
Okay, maybe that doesn't make a whole lot of sense either.
Loyal
Holy Cow, post: 430305, member: 50 wrote: If I'm understanding your question correctly, what we do is prepare a description for the complete outer boundary and a description for the area to be excepted (hole or island). Then the document reads the tract described by the outer boundary less the tract (or tracts) described by the exception wording.
For example: A tract described as (such and such) less a tract described as (thus and so).
We encounter this rather frequently.
Do you have some actual deeds/image to share? I am asking this as our system in the Philippines is quite inefficient in this aspect.
Thank you.
amdomag, post: 430303, member: 1683 wrote: I wonder how you prepare legal description (metes and bounds) of properties with holes/islands in your country.
EXCEPTING THEREFROM .....
If it is a hole out of teh parent tract, I would use the EXCEPT. If there was an island off to the side, I use the over and across call line, calling out point A and B on each end so that it is 100% clear it is the same line.
The language used in the Original Metes & Bounds Mineral Patents here in the West, is as follows;
After the reciting of the Metes & Bounds of the Claim(s) "overall" Boundaries, any Interior or encroaching lands (Tracts, Parcels, or other Claims) are listed FOLLOWING this (usually UNDERLINED) statement:
Expressly excepting and excluding from these presents all that portion of the ground hereinbefore described embraced in said...
Followed by additional language unique to Mining Claim Patents.
Loyal
How is the technical description prepared?
Thank you for sharing..
amdomag, post: 430321, member: 1683 wrote: How is the technical description prepared?
Thank you for sharing..
Not sure you are asking me, but here's a very simple and straightforward example:
amdomag, post: 430303, member: 1683 wrote: I wonder how you prepare legal description (metes and bounds) of properties with holes/islands in your country.
Here's an example of one that I wrote a couple of years ago in which the island parcels to be excepted from some larger tract were separately described, but all in the same single document.
Kent McMillan, post: 430328, member: 3 wrote: Here's an example of one that I wrote a couple of years ago in which the island parcels to be excepted from some larger tract were separately described, but all in the same single document.
Thank you so much, Kent. 🙂
Loyal, post: 430323, member: 228 wrote: Not sure you are asking me, but here's a very simple and straightforward example:
Thank you.
