Given a survey where your subject property runs along the common line of two or more adjoiners along the same bearing as shown on the image below (if I worked this image upload correctly):
I have always written similar to this -
"thence with the property of Owner One as recorded in Deed Book ... Page... North 87 degrees 26 minutes 21 seconds East, 155.82 feet to [description of monument as found], and continuing on same course with the property of Owner Two as recorded in Deed Book ... Page ... an additional 359.88 feet for total distance of 515.70 feet to [description of monument as found];"
Each time, I am not satisfied with it as this strikes me as being less clear and succinct than it could be. I would really like a better way of writing these type of calls when needed.
What is your preferred method of writing such a call in the description of a property?
Thence N 87-26-21 E 515.70' along lands now or formerly of Owner One and now or formerly of Owner Two, to .....
"thence along the southeast line of owner 1, to and along the southeast line of Owner 2, B & D to monument"
> Given a survey where your subject property runs along the common line of two or more adjoiners along the same bearing as shown on the image below (if I worked this image upload correctly):
>
>
>
> I have always written similar to this -
>
> "thence with the property of Owner One as recorded in Deed Book ... Page... North 87 degrees 26 minutes 21 seconds East, 155.82 feet to [description of monument as found], and continuing on same course with the property of Owner Two as recorded in Deed Book ... Page ... an additional 359.88 feet for total distance of 515.70 feet to [description of monument as found];"
>
> Each time, I am not satisfied with it as this strikes me as being less clear and succinct than it could be. I would really like a better way of writing these type of calls when needed.
>
> What is your preferred method of writing such a call in the description of a property?
Well, theoretically, you should have already given the data for the 155' call because it's at a corner. So I'd do it like this
THENCE North 87°26'21" East, with the North line of my tract and an interior line of the 1st adjoiner, at 155.82 feet pass an object found for the most Easterly Southeast corner of said 1st adjoiner and the Southwest corner of that 4.00 acres in deed from someone to someone on someday in some vol/page, DR, continuing in all, 515.70 feet to an object found or set for the Northeast corner of my tract and an "ELL" corner of the 2nd adjoiner;
Thence N 87-26-21 E along the Southerly Boundary of those tracts of land described in the deeds recorded as Document number ---- and number-----, in X County Deed Records a distance of 515.70 feet to the Southeast corner of the said Tract described in the Deed Records as Document number----;
Thence________;
jud
"thence with the property of Owner One as recorded in Deed Book ... Page... North 87 degrees 26 minutes 21 seconds East, passing [description of monument as found]at 155.82 feet, Owner One's corner with Owner Two and continuing on same course with the property of Owner Two as recorded in Deed Book ... Page ... an additional 359.88 feet for total distance of 515.70 feet to [description of monument as found];"
to a point for the northwest corner of (parent tract), same being on the south line of a called X.xx acre tract described in Book X, Page XX , from said point a 2-1/2 inch iron pipe found bears South 86 degrees 01 minutes 33 seconds West, 0.04 feet.
THENCE with the south line of said X.xx acre tract, same being the north line of (parent tract), North 87 degrees 26 minutes 21 seconds East [record North 87 degrees 26 minutes 21 seconds East] at a distance of 155.80 feet pass a point for the southeast corner of said X.xx acre tract, same being the southwest corner of a called Y.yy acre tract described in Book Y, Page YY, from said point a 2-1/2 inch iron pipe found bears North 10 degrees 52 minutes 33 seconds East, 0.08 feet, continuing with the north line of said (parent tract) and the south line of said Y.yy acre tract for a total distance of 515.68 feet [record 515.68 feet] to a point for corner, from said point a 2-1/2 inch iron pipe found bears North 05 degrees 14 minutes 63 seconds East, 0.07 feet;-)
I knew a surveyor, now deceased, who had the irritating habit of using, "thence along the deed to...." You may be following what is written in a deed, but, you are not literally going along the deed. The deed is on paper, with a copy of it recorded somewhere in an office. Almost as bad is the case where the description reads, "thence to a walnut". Is it really that difficult to add the word "tree" after "walnut".
" Is it really that difficult to add the word "tree" after "walnut"."
I guess it would be facetious to suggest that maybe they really were calling to a walnut and not a tree;-)
Sorry,
Clyde
I like to say "thence north 87 degrees 26 minutes 21 seconds east, passing through a monument found at 155.82 feet, a total distance of 515.70 feet to a monument found..."
right on Kris. I have come to add the extra distance to the call...
and continuing an additional distance of xxx.xx feet for a total distance in all of xxx.xx feet to a...
"thence North 87 degrees 26 minutes 21 seconds East a distance of 155.82 feet along land of Property Owner 1 to [description of monument as found], thence North 87 degrees 26 minutes 21 seconds East a distance of 359.88 feet along land of Owner Two to [description of monument as found];"
[sarcasm]heck Pat, just whammer them corners over to fit your calls[/sarcasm]
:clap:
Assuming the tract you are surveying is the senior tract to all the others (for simplicity's sake)....
Also assuming all of the deed cites for the subject tract and Owner Two's tract are in preceding paragraphs....
THENCE North 87 degrees 26 minutes 21 seconds East with the northerly line of said Owner One, passing at a distance of 155.82 feet a 5/8-inch iron rod found marking the common southerly corner of the aforesaid Owner Two and a called 22.345 acre tract of land conveyed by deed dated February 4, 1949 from Owner Four to Owner Three and of record in Volume XXX, Page YYY, Harris County Deed Records, Harris County, Texas (H. C. D. R., H. C., Texas) (because I'm lazy and I wanna abbreviate in the future) and continuing for a total distance of 515.70 feet to a 5/8-inch iron rod found marking the northeasterly corner of the herein described parcel;
The total distance MUST be in the description.
It may take a few extra words.
Lets say your client is Smith and the two owners are Jones and Brown.
thence N 87-26-21 E along the common boundary line between Smith recorded --- and Jones recorded -----------, a distance of 155.82' to a found 1/2" iron rod, said point being a common corner of Smith, Jones and Brown; thence N 87-26-21 E along the common boundary line between Smith and Brown recorded ------ a distance of 359.88'.
that would be about impossible
> The total distance MUST be in the description.
> It may take a few extra words.
who made that rule?
It would be about impossible to hold the center monument and have the bearings match exactly to the second. In the real world, the bearings would differ slightly if real monuments were found and held without fudging the data to match record (but that's another argument).
that would be about impossible
So, just because someone created a lot line and a corner along your PL, now you've got an angle in your line that was always straight?
(way to go off topic, huh)
that would be about impossible
> So, just because someone created a lot line and a corner along your PL, now you've got an angle in your line that was always straight?
>
> (way to go off topic, huh)
(with deadpan expression on my face) The new corner monument was placed along the evidence of the original senior line.
Lamon
Lamon, I won't call to the junior line but hold and call to the senior line. I was taught that calling to the junior line, in effect, makes it more important than the senior line. I will mention the tract "cites", but that's all.
