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Really messy legals-Tracts and Lots

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(@mightymoe)
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Client wants a drawing showing his land for an isolated portion of his ranch (about 5000ac). Then wants a legal to sell "4000" acres south of a US highway. Not a big deal really.

So start putting together the deeds, as I'm going through them he owned part of a section 10 that is mostly invaded by Tracts 57 and 58 leaving only 160 acres in Lots 1 and 2 in the "NW1/4" of Section 10 and some portions of the southwest 1/4 intact but in conflict with tracts 57 and 58. So my client had Lots 1 and 2 and the NW1/4SW1/4 not in conflict with tract 57, he also owned all those parts of tracts 57 and 58 lying west of a county road, which was just under 80 acres.

He wanted to sell that land (about 140 acres total) to a neighbor. So someone in 2011 wrote a legal and described the land as all the NW1/4 and SW1/4 of Section 10 lying west of the county road. They didn't mention the lots or the tracts, he only sold about 60 of the 140 acres.

He is on the books for 80 acres he doesn't occupy or even thinks he owns, although the county correctly shows his ownership. Also the county has him owning 200 acres in blank Section 15. Section 15 is completely invaded by tracts and the resurvey shows it with no acreage.

Soo......he knows he has 1000 acres north of the highway, and expected me to write a deed showing 4000 south of the highway since he is paying taxes on 5000.

But I show 3670 south of the highway and he isn't happy. Where is the other 330 acres...........$1000 an acre and it's real money........

Such a fun time trying to explain it all to him..........:-(

 
Posted : February 6, 2015 9:02 am
(@spledeus)
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The assessor has the other acres. Go get it from them.

 
Posted : February 6, 2015 9:30 am
(@mightymoe)
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He's headed up there today:-)

 
Posted : February 6, 2015 9:44 am
(@a-harris)
Posts: 8761
 

Sometimes that $200 dollar deed from some attorney is not worth the paper it was written on.

I have a client that is being taxed for 55 acres that the assessor can not locate and show him on the tax map.

 
Posted : February 6, 2015 10:08 am
(@wayne-g)
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Seems like a mess in my simple mind. Likely most of us could put a chapter or 6 in the book of surveying horror stories.

It seems one of the issues is your comment that "someone wrote a description" is a key part. Quit claim deeds are not a fix all, but they do tend to keep chain of title oriented in the intended path of rightful owners. dunno if that applies here, and the assessor only want's their money - too.

The post the other day about planning departments, etc kind of works in lock step with those assessor types. Blind leading the blind in more ways than one. All the while we have to work with them.

I guess that's why we get paid the "big bucks" to fix other peoples problems. Good luck, have fun, and you'll be a super hero before you know it.

 
Posted : February 6, 2015 10:53 am