misclosure and intent?

ropestretcher · 2014-01-23T17:54:00Z

We are trying to help a client out, originally so they could put a big machine shed up on their property. We secure a copy of the deed and find that mathematically it doesn't close. We end up getting a copy of all previous deeds and the original that created the parcel. They are all exactly the same. The description is something like:Beginning at a point that is 1602.35 feet north of a point being 86.27 feet east of the southwest corner of the northwest quarter; thence...metes and bounds with distances to the hundredth and bearings to the second...to the point of beginning, containing 0.45236 acres.This description was originally written in 1957. Seems like some pretty accurate measurements for that time period.If using the bearings and distances from the deed, there is a misclosure of about 3.81 feet. This is a four sided figure and the angles add up to 360° 00'00".We can't find any type of scrivener's error that would make it work.There are no occupation lines. This is a parcel cut out of a big farm. This is also not the farmstead which sits southerly of the parcel in question and has its own description but is not near this parcel. The original grantor and grantee are no longer above ground. Their successors have no knowledge of original intent and are many times removed from the original transaction. Our client has, for the past 20 years, acted as landlord/liaison for the farm owner (parent tract) for the farmstead rental house. The current owner of the farm is either an attorney or a judge on the federal level in Chicago. He probably has never seen the property with his own eyes, only knows that he owns a whole bunch of ground. This is also a landlocked parcel. it is near a public road (around 30 to 40 feet from the centerline of the pavement, the driveway comes off the public road, but the farm surrounds the parcel entirely. All other descriptions for parcels on this road call out the road itself as a bound. Not our clients.There is no monumentation to be found, except the section and subsection corners.I have pulled in an aerial from 1941 to try to look for intent, with no avail.We do know that the intended machine shed will not fit on the property. The owner of the farm is unwilling to sell our client anything. Now, our client, who has raised their children in this house, just want to sell and move on. Kind of sad.The farm owner is willing to swap some land to try to correct things. BTW, regardless of ambiguity in the desc., there is a garage (our client's) that will be over the deed line.My thought are; Assume the original description assumed the bearing of the S. line of the quarter was due east and the bearing of the W. line of the quarter was due north. That said,Assume the POB is 86.27 feet east, along the monumented S. line of the quarter and 1602.35 north, along the bearing of the monumented W. line of the quarter. Thence, using adjusted bearings related to the monumented bearing of the W. line of the quarter, use record calls and force closure of the last call since it states TO THE POINT OF BEGINNING.After this is done, we can calculate some area on each side of the parcel to swap to put the garage entirely on our clients parcel. We will also describe an easement over the existing driveway so the parcel has access. Now they should be able to sell without a title problem.Opinions?

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holy-cow

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for the purpose of lying out the subdivision

That has to be one of the best examples of an accidental truism.

Posted : January 24, 2014 10:14 pm

Kent McMillan

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for the purpose of lying out the subdivision

> That has to be one of the best examples of an accidental truism.

In the case of that early subdivision by the engineer from Chicago, he and his assistants left enough monuments (wrought iron gas pipe) that there wasn't much doubt where they had marked corners even if later surveyors misspelled "laying". :>

The design of the subdivision used lots of long curves, which made the whole exercise that much more impressive.

Posted : January 25, 2014 5:00 pm

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misclosure and intent?

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