What is the phrasing used in a legal description to refer to an attached exhibit and incorporating same herein or something like that? I have an unrecorded plat that I want to include as Exhibit B and refer to it in my legal description.
> What is the phrasing used in a legal description to refer to an attached exhibit and incorporating same herein or something like that? I have an unrecorded plat that I want to include as Exhibit B and refer to it in my legal description.
BEING 15.00 acres in the something survey, abstract number xx, some county, texas, and being all of that land called 10 and 5 acres in deed from someone to someone, yadda yadda yadda, and shown on Exhibit B, attached hereto.
BEGINNING at a 1/2" steel rod, same being the Southwest corner of the unrecorded plat attached hereto (hereinafter shown as Exhibit B).
Take it and run with that.
Thx. Found some lawyers arguing about the exact language on a contract writing blog and whether some of the statements were redundant or not. Looks like an argument on beerleg. LOL.
....as shown on attached Exhibit "B", an unrecorded Plat dated 1/1/1111, and labeled "Yadda Yadda Yadda" ?
Obviously I am missing something. Is there some legal concern on how it's worded?
The above description is based upon a plat by ______________ dated ___________ marked exhibit "B" attached hereto and made a part hereof
Hereto is defined as letting someone know that something is attached.
An example of hereto is writing an email and explaining that you added a document as an attachment; it is attached hereto.
As has been mentioned "attached hereto" was what came to my mind.
No legal concern. I was just trying to remember wording that sounded normal. It is my opinion that the tracts need to be treated as simultaneous conveyance which gives about 0.66 acres excess to each of the 40 acre tract owners. I need to attach the unrecorded plat so I can reference it in my spiffy new field notes (that's Texan for property description).
This is another one of those Carto Mapping eBay internet land sales GPS plats. I've done 3 now in the past month. It's not work I've sought, I just happen to have a client that has bought some of them. He's lucked out in most cases that there have been no problems. Some of the parcels to the north have a ranch fence cutting across that the ranch manager told me they will defend as their property line at the fence, which is 100' past the section line.
..."attached hereto and made a part hereof."
"...attached hereto and BY THIS REFERENCE made a part hereof..."
"SEE ATTACHED PLAT"
It is important to staple everything together.
> "...attached hereto and BY THIS REFERENCE made a part hereof..."
I get the "attached hereto" as cluing in the involved parties that they need the attachment to become part of the document. But doesn't referencing another plat or document make it a part of the new document? Do I really need to not only reference it but spell out that by the reference it is not a part of the document?
I guess it doesn't hurt, and it's kind of like saying: "if it isn't already clear, attaching the additional document and referencing that attachment, means that it is now included in this document."
The herein above described tract or parcel of land being the same tract or parcel of land as depicted on that certain map or plat entitled “Boundary Survey of 2.01 Acres Located in the NE1/4 of Section 13, T10N-R4E, Claiborne County, Mississippi” dated December 4, 2013 and prepared by Surveys-r-us, Inc., a copy of which is attached hereto and fully incorporated herein by reference.
In my state, if a survey made after a certain date is mentioned in a deed, the plat must already be on file in the town clerk's office, or must be recorded at the same time as the deed. Failing this, the town clerk is supposed to refuse to record the deed.
... as shown on the attached Exhibit "A" drawing, which is made a part hereof by this reference.
For everyone who says it is redundant I have come across deeds that obviously were made from survey plats but were not mentioned, so you are in the dark even if a plat exist. Good luck finding anything.
I have come across deeds that say the plat is attached and it isn't. If it is a recent document I call the attorney and ask about the plat. Many times they forgot to include it and have copies in their files and are willing to share. Many will make an act of correction and include the plat
Several times I got the name of the surveyor and ask him/her for a copy.
> ..."attached hereto and made a part hereof."
Yep!
Waitaminute....how do you attach an unrecorded plat?
If you have a copy and then attach it, does it become a recorded plat? Will the subdividing surveyor have anything to say about that?
I am confused.....
:good:
Is it even legal to record somebody else s plat in your state?
