Doing some repalts, one of the requirements is a description of the land for the owners dedication on the plat.
Because these replats are combining existing subdivision lots the "correct" way to describe them is Lots 1, 2 and 3, Blk xxx, of the blank Subdivision, city of xxx.
But that won't fly with the regulators who want to see a "metes and bounds" description.
So I always write one for the dedication.
We are going through the process to get the subdivision rule change to allow for a more "correct" legal to be used.
But here I am pushing through another one of these long wordy descriptions that is better described by one sentence in the preamble.
Finally I realize that I'm accomplishing nothing doing this, the regulators don't understand the difference between a metes and a metes and bounds, the legal will never, never, ever be filed anywhere beyond the face of the plat dedication.
Just a big waste of time and money.
So I stop all the editing and just write it like this:
described as follows Beginning at blah, blah, blah thence; and list the b&d's to the point of beginning.
Whew, takes about 5 minutes.
A complete drawing that includes ownership and adjoiners with recording information and gives a bearing reference is a graphic M&B.
Some people can't understand the drawing, others can't understand the writing and then there are those that don't understand either and you have to take them out on the property and show it all and point at everything and tell them what it is and they still act like they don't understand what your are talking about.
Don't ever think that your work will not find its way to a deed or other legal document, clients, attorneys and others will do whatever they can do to save money down the line.
Clients may want less than minimal and that we can not afford to do.
My BOR expects every product we put out there to stand on its own if need be.
There is no EASY BUTTON and shortcuts do not fly.
:gammon:
A Harris, post: 353528, member: 81 wrote: A complete drawing that includes ownership and adjoiners with recording information and gives a bearing reference is a graphic M&B.
Some people can't understand the drawing, others can't understand the writing and then there are those that don't understand either and you have to take them out on the property and show it all and point at everything and tell them what it is and they still act like they don't understand what your are talking about.
Don't ever think that your work will not find its way to a deed or other legal document, clients, attorneys and others will do whatever they can do to save money down the line.
Clients may want less than minimal and that we can not afford to do.
My BOR expects every product we put out there to stand on its own if need be.
There is no EASY BUTTON and shortcuts do not fly.
:gammon:
Uhhhh?
No idea what you mean
As I said this legal has zero chance of making it into the chain of title and is an improper why of describing this tract anyway, it's only done to satisfy a checker.
I've never seen a subdivision lot described that way. Maybe it's done that way elsewhere, but not here.
Clients aren't asking me not to do it, but I have a responsibility as a professional to look out for their interests.
With respect MightyMoe, I understand that some minion is asking you for their help, so help them properly.
When combining several lots together you are creating a property that is not shown as one tract on the subdivision plat. It is a combination of lots.
I agree that "standard operating procedure" would be a paragraph stating by example "All that land known as Lot 1, Lot 2 and Lot 3 of the.........." as a legal description.
Some paper checker wanting it to be shown as a M&B because they want to be sure the length of the new boundary along the road and back lines of the lots as shown on the drawing will actually add up to total they are using and assure that would close properly.
What you are providing is a "metes only" description that is merely bearings and distances.
There is nothing being included about what the property line is following, crossing or who the property joins and quoting any of the recording information and especially mentioning monuments and references, "aka bounds", of the property.
That may work as an interoffice memo or worksheet.
Honestly, that is not a legal out of office deliverable according to my BOR.
If you are helping some minion that is not capable of doing their job, they need educating.
For a "one time basis" over the phone I would instruct them that by adding x, y and z together that it should equal xyz and that they could use that number, except, IMVHO, it would probably be best if they would compute their check the way it is shown on the subdivision drawing by using each lot dimension as an individual call.
Hopefully the CADD program rounded everything correctly and it will close properly.
That is the way to get r done.
MightyMoe, post: 353518, member: 700 wrote: Doing some repalts, one of the requirements is a description of the land for the owners dedication on the plat.
Because these replats are combining existing subdivision lots the "correct" way to describe them is Lots 1, 2 and 3, Blk xxx, of the blank Subdivision, city of xxx.
But that won't fly with the regulators who want to see a "metes and bounds" description.
So I always write one for the dedication.
We are going through the process to get the subdivision rule change to allow for a more "correct" legal to be used.
But here I am pushing through another one of these long wordy descriptions that is better described by one sentence in the preamble.
Finally I realize that I'm accomplishing nothing doing this, the regulators don't understand the difference between a metes and a metes and bounds, the legal will never, never, ever be filed anywhere beyond the face of the plat dedication.
Just a big waste of time and money.So I stop all the editing and just write it like this:
described as follows Beginning at blah, blah, blah thence; and list the b&d's to the point of beginning.
Whew, takes about 5 minutes.
I have run across this very issue before. Agency X wants a legal description for their "internal use". And so I give them the actual (i.e. correct) legal description of "Lot Q of the Flibbity-Floob Subdivision, filed in Book bb of Maps, at Page pp, Mucky County Records". done and done.
Then, Agency X says, "I am teh dum. What is this?" and asks for a metes and bounds description so that they can "plot it in their system".
So what I've done is write the legal description as follows:
Lot Q of the Flibbity-Floob Subdivision, filed in Book bb of Maps, at Page pp, Mucky County Records.
Said Lot Q being described as BEGINNING at the northwest corner of Lot Q, thence along the north line of Lot Q B&D to the northeast corner of Lot Q; thence along the east line of Lot Q...
And so on. It takes a tiny bit more time (okay, sometimes a LOT more time) but I feel comfortable knowing that I have made the calls to the reference map as necessary and if for some strange reason it does get out "into the wild" I have at least tried to make it so someone else can't mess it up.
skwyd, post: 353942, member: 6874 wrote: I have run across this very issue before. Agency X wants a legal description for their "internal use". And so I give them the actual (i.e. correct) legal description of "Lot Q of the Flibbity-Floob Subdivision, filed in Book bb of Maps, at Page pp, Mucky County Records". done and done.
Then, Agency X says, "I am teh dum. What is this?" and asks for a metes and bounds description so that they can "plot it in their system".
So what I've done is write the legal description as follows:
Lot Q of the Flibbity-Floob Subdivision, filed in Book bb of Maps, at Page pp, Mucky County Records.
Said Lot Q being described as BEGINNING at the northwest corner of Lot Q, thence along the north line of Lot Q B&D to the northeast corner of Lot Q; thence along the east line of Lot Q...
And so on. It takes a tiny bit more time (okay, sometimes a LOT more time) but I feel comfortable knowing that I have made the calls to the reference map as necessary and if for some strange reason it does get out "into the wild" I have at least tried to make it so someone else can't mess it up.
I think it's different depending on where you are, I've never seen a metes attached to a lot and block description here, maybe because so much has been done using the PLSS and title people hate to change an existing bounds description.
As far as it getting somewhere, there is just no mechanism to do it. The original description will be lots 31, 32, 33 and 34, blk xxx, of the xxx (actually it's three different deeds) which will become Lots 1 and 2 of the xxx.
And as far as the board being involved the SOP around here is thence NW, xxx' to a point; thence SE, xxx' to a point, and so on. I'm about the only one who writes a long form metes and bounds description, but there needs to be a reason to do one, the correct description is the bounds description and the board would no doubt concur.
They clearly won't be upset if I do what everyone else is doing.
Hopefully the County will change the regulation, we have got some changes thru before.
