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% of total area on land description?

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Rob O'Malley
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Yea or nay?

Someone wants me to put that at the bottom of the description with the area.

Any reason for or against?


 
Posted : January 11, 2016 5:52 pm
paul-in-pa
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% of total area on land description?

I have no idea what it r you mean.

Paul in PA


 
Posted : January 11, 2016 5:59 pm
MightyMoe
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Rob O'Malley, post: 352708, member: 154 wrote: Yea or nay?

Someone wants me to put that at the bottom of the description with the area.

Any reason for or against?

Is this a Texas thing?


 
Posted : January 11, 2016 6:27 pm
vern
 vern
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It better be 100% or you ain't done.


 
Posted : January 11, 2016 6:40 pm
brad-ott
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Posted : January 11, 2016 7:24 pm

eapls2708
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I assume that you are writing descriptions for parcels from some larger parcel, such as for a phased development and the % of total area is the percentage of an individual parcel to the parent parcel or the full project area.

I would not put a % of total area in the descriptions. For one thing, it would be entirely meaningless unless the descriptions of each of the parcels making up the whole also included the description of the whole. In one project we have, if the parties insisted on this requirement, it would add 16 pages of description to each individual phase description, or 176 pages total. What a waste of space that would be.

2nd, area is the lowest form of information in your description. If a later survey found some minor discrepancies, unless the description were carefully written to place this percentage of total area as the most important item in determining the intent of the parties, it really adds nothing of value to re-establish the boundaries.

The thing to do is to supply your client with a table that shows the areas of each individual parcel and the area of the parent parcel or full project area, and provide the percentages there. The only thing they really need it for is determining that the descriptions create the area splits they are looking for and for parcel valuations. They don't need them in the descriptions themselves.


 
Posted : January 11, 2016 8:01 pm
a-harris
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Who decides what classification for the different land areas and what they are to be called?

It's not a deal breaker, depends upon purpose and whether they want that certified.

I would probably use GoogleEarth and make a note that all percentages values are estimates and not based upon a monumented survey.

0.02


 
Posted : January 11, 2016 8:10 pm
paul-in-pa
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Rob O'Malley, post: 352708, member: 154 wrote: Yea or nay?

Someone wants me to put that at the bottom of the description with the area.

Any reason for or against?

If they want a percentage of a given parcel that it is coming out of, I can see the reasoning, such as for proration of taxes or proration of sharing an encumbrance or expense.

Were I doing the subdivision, I would state it thusly, "Lot 1A at 0.3311 acres is 33.11% of the former 1.0000 acre Lot 1 as described in Deed Book Volume 1234, Page 2156."

If I had not surveyed all of Lot 1 then my answer is "NO!"

Paul in PA


 
Posted : January 13, 2016 7:18 pm