[Solved] Legal Descriptions: To write or not to write?

I'm thinking that new legals would be a routine part of such work.  I can't see how you can do any part of this if you can't do that. Maybe you could have somebody like "HolyCow" review your product.

I am curious how one would combine a portion of his neighbors property with his own without legal descriptions.  Legal Descriptions are a weekly occurrence around here.  

I assume that you have run this by the local authorities to make sure there are no zoning/platting issues. They should be able to tell you the format they will accept. 
As far as the legal description, river boundaries can be a little tricky so you might need a little help with that. If you know another experienced PLS , ask him if he will help you out. 

@murphy   Above.

Am I correct in thinking that new descriptions in NC must be tied to GPS explicitly?

We do these all the time. For our area it's an exception to subdivision statutes and they come in different flavors. Just off the top of my head you will need two descriptions. If I were doing it, I would need all the surrounding title information, is the river the boundary for both the left and right side? That's very important, that the left and right side of the river correctly calls out the river and both are subject to accretion. From there locate the present day river, maybe it's possible to field survey it, maybe a drone, maybe photos are best for this one. 

Quit Claim the new parcels to each other. 

If this is a small amount of land being acquired, would a boundary line adjustment document work in your jurisdiction as opposed to writing all new descriprions?

Do the present descriptipns call the river boundary riparian?

If near the coast it could be an estuary.

Devil is in the details. I'd want to make certain I had a good handle on the descriptions and title for the two parcels, any adjoiners and the nature of the river boundary. Riparian, do they own to the thalweg, OHW or something else. Here the platting authority would require a title report. Was me and I had my way I'd replat the two parcels and kill two birds with one stone. I don't think I'd be comfortable with some quick and dirty metes and bounds descriptions, unless that was just how it's normally handled in your neck of the woods, which wouldn't fly here.  

@norman-oklahoma   I'd be appreciative if @holy-cow took a look at it before sending it up.

@bill93 is correct.  It's a simple boundary line adjustment.  The survey is the easy part ... I hope. (I know, famous last words)
The current deed description simply calls out the tract numbered on the subdivision plat. (Tract 7 on "Smith Family Subdivision Plat")

The current survey on file is a recent (7 yrs) family subdivision.  50 Acres into 17 lots.

The lines that border the creek are all non monumented corners.

No mention of riparian rights on the subdivision maps.  Just flood and wetland info.

@Holy-Cow I've never heard of the Explicit GPS for descriptions.  (Although I don't have a problem with it)
Also, would you mind taking a look at the legal descriptions once I'm finished writing them?

It's Tract 7 and 8 of the attached map chip.  ... followed by my plan to for the "line adjustment".

I am not familiar with NC regulations/practices/procedures but do wonder if the proposed reduction in area to under 2 acres on Tract 7 creates any issue?

@notsomuch   It does not.   Especially since this whole subdivision is a family subdivision and is an exception from the subdivision ordinances.  Plus, there are other existing lots that are sub 2 acre in the subdivision.

What's the problem with "Tract 7-A on Plan _____" for a description? It's working for their current deeds.

Posted by: @firestix

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Also, would you mind taking a look at the legal descriptions once I'm finished writing them?

If you just post them here you are going to get more review than you might wish for. 

Is either of these properties subject to a mortgage?

The public is better served if legal descriptions are written by surveyors.

Regardless of the profession, all the regulation I've seen includes words that the professional must not work outside his area of competence.

@peter-lothian That's my exact sentiment!

@norman-oklahoma This be true.  But I also want constructive input, not thinly veiled, passive aggressive, crack shots from crotchety  curmudgeons. 

@pls8xx   1-  I'm pretty sure that they both are. 
               2-  I fully concur with this statement.
               3-  My issue is with "confidence" not "competence".  Henceforth me taking the situation seriously and asking for advice.  

Different states/counties/cities treat these slightly differently. My preference would be to plat the new configuration, use lot 7 and 8 as the legal for the plat. Then change it to Smith Family Subdivision (Recombination, Minor, ect) No.1. I might call it 7-A like Peter shows above then quit claim the new legals. Owner of 7 quit claims 8-A to the Owner of 8, Owner of 8 quit claims 7-A to the owner of 7. I might also use a new lot number, if there are 17 lots now use 18 and 19. But unless the county demands it I would not write a metes and bounds description, even for the boundary of the new configuration. 

@mightymoe Thanks Moe.  This was along the lines of what I intended to do.

@firestix 

@murphy Thanks for the input!  I'll actually record the plat.  Then write the description referencing he map.  I feel it's cleaner, because a picture (map) is worth a thousand words.  And words (and their intended meanings)  have a tendency to get misinterpreted/twisted in this world.  My client was simply trying to cover his bases and wanted me to write the description because he trusted his surveyor more than his lawyer in this particular matter.  

My thanks to you, and all others that contributed to this matter!