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MightyMoe
(@mightymoe)
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So I'm splitting up a tract. The owner has two parcels shown on the GIS and he wants to create three. Simple enough except for hoops you have to jump through.

I hadn't gone to the courthouse yet to do research. I'm looking through the sequence of events and I see something interesting. Prior to getting the land Smith sold Parcel #1 to Smith, I'm thinking father and mother to son and daughter in law. When they sold Parcel #1 they split it up into two distinct parcels. So it became two deeds Parcel #1 and Parcel #2, which is what I'm trying to accomplish. Then Smith the younger sold the two parcels to my client, my client later then got what is then Parcel #3 from Jones which borders #2 to the south. He then had three parcels in the configuration that we are trying to do today.?ÿ

I'm thinking; What am I doing, wheels are spinning, I need to call him and stop this, I already have time in this on the assumption he needs it done, everyone told him he does.?ÿ

So I continue and there is a quit claim in the index but it doesn't reference much like all the other notations do.?ÿ

A few years after getting the land split into three parcels he filed a quit claim from him to his trust and the attorney merged the Parcel #1 and #2 into one.?ÿ

Now I see,,,,,,,,,,that was the wrong thing to do.?ÿ

So I call client and explain the sequence, he kinda knows about it, he is sick that it was done that way, after getting it split on purpose he then puts it back together.?ÿ

Years later you can't simply file a description with a tract split like it used to be done.?ÿ

All they had to do was file two quit claim deeds with each parcel granted to the trust, just like the first transaction.?ÿ

I'm not a lawyer maybe they have to get all the lands owned by the trust into one deed, but I don't believe so.?ÿ


 
Posted : November 18, 2020 10:57 am
daniel-ralph
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Could the merger have been for tax reasons??ÿ If so, perhaps undoing it may cost the owner more than simply redoing it.?ÿ?ÿ


 
Posted : November 18, 2020 11:45 am
MightyMoe
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@daniel-ralph

I believe so, trusts, taxes, all that back in the day.?ÿ

I've been through all it too, I'm not a big fan.?ÿ

Of course when the exclusion was $600,000 it made more sense that everybody had a trust.?ÿ


 
Posted : November 18, 2020 11:54 am
jitterboogie
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How does the assessor view it in taxland?


 
Posted : November 18, 2020 12:46 pm
MightyMoe
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@jitterboogie

They view it as two parcels, not three.?ÿ


 
Posted : November 18, 2020 2:21 pm