I currently have a lot that abuts a reserve in a subdivision. The builder has constructed the southerly fence about 9.8' into the Reserve (hatched area) and now the homebuyer won't be doing closing unless part of the reserve is deeded over to him/her. They already had agreed to this as a Perpetual Use of Reserve and we're working on the legal description for it now. What would be the best way to describe this portion of the reserve in a description? They will be doing a replat later on but I guess they came up with this just to secure the sale. I have tried to describe it as Lot XX, Block XX save and except the northerly porting of Reserve 'F', and then describe the dimensions of the area, but I feel this is not the correct way. There's also an easement of 10' running through the reserve, which is about 0.20' away from the fence line. I could use some ideas.
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Does the description of the strip go to the fence or to the 10' easement to the south?
'Save and except' should be 'together with'...
I'm finishing up one now.
First thing I did and I believe would help with yours is to print out a drawing with only the elements relevant to the issue.?ÿ
Often that will clarify the process. If one of my guys came to me with that drawing and that question I would redline out the offsets the needless distances, the hatching, the setback lines, the building, the building dimensions,,,,,,ect.?ÿ
Get the drawing decluttered and showing just the items you need to answer the boundary question.?ÿ
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Do what MightyMoe said, and then the description should just be something like: the portion of the reserve shown on the attached plat.?ÿ
Also, get the replat done ASAP. You can't transfer land with an easment like this. I would suggest instead of a perpetual easment, an easment that expires on replat. There probably will be no problems while all the parties that have agreed to this are still in control, but there could be an issue when they are gone.?ÿ
Builder has agreed to take it to easement line, as it would be easier if we can just call the 10' easement in the description, even though the fence is about 0.2 ft away from the easement per drawing.
@surv3251?ÿ Nice, I was hoping that would be the case since it helps keep things simple.?ÿ Other than that I think just a metes and bounds description commencing at the SW corner of Lot X, Block Y, etc will suffice.
What is a "reserve"??ÿ Reserve acreage the builder is going to subdivide in the future? Jp?ÿ
@jp7191?ÿ I was wondering that too.?ÿ I thought maybe it was another name for a common lot or something.
