Residue description

Describe the parent tract as it is already described in the deed record and then except out the following described tract. That following described tract will be what you surveyed and make it the senior tract.
jud

That would be "X", the original description, less "Y", your tract. Simple and accurate.

Can't argue with Jud or the cow.
BTW I don't think we'd be allowed to label something as a "residue" around here.
More likely "residual" or "remainder" 🙂

Don

> Can't argue with Jud or the cow.
> BTW I don't think we'd be allowed to label something as a "residue" around here.
> More likely "residual" or "remainder" 🙂
>
> Don

Thanks! I think they are right. I may have been overthinking it. I'm going to chew on this tomorrow.

BTW: what would be the difference between residue and residual? I don't think it would be an issue here, but could there be that big of a difference in the wording? 🙂

Ditto: I would include a reference to your parents tract deed book & page and then less and except your plat referencing its plat book and page.

> Ditto: I would include a reference to your parents tract deed book & page and then less and except your plat referencing its plat book and page.

My plat is not recorded yet. It's approved, but not recorded. And they want metes and bounds... but I think I've figured it out.

Thanks!!

They may want metes and bounds, but, what they need is X minus Y.

A residual or remainder parcel is the land that's left after considering all of the conveyed parcels that were cut out of it.

Residue is generally a film of some sort of grime or goo left after some substance from whence the residue deposited has passed. The slime trail of a snail is the residue left behind. Soap scum in a bathtub is the residue left from someone's bath. Gun shot residue if the remnants of burnt powder that carried with the gasses and deposited on your hand and sleeve. Residue is generally something that should be washed off.

> They may want metes and bounds, but, what they need is X minus Y.

Oh, I hear you. I appreciate it.

> A residual or remainder parcel is the land that's left after considering all of the conveyed parcels that were cut out of it.
>
> Residue is generally a film of some sort of grime or goo left after some substance from whence the residue deposited has passed. The slime trail of a snail is the residue left behind. Soap scum in a bathtub is the residue left from someone's bath. Gun shot residue if the remnants of burnt powder that carried with the gasses and deposited on your hand and sleeve. Residue is generally something that should be washed off.

Interesting... Still may apply here... it was a nasty site. 😉

I tend to think of residue as something left on the windshield of my truck: The residual would be something remaining after subdividing a parcel from a larger tract.
Grant

there's a joke about a blue dress around here somewhere.....

Carl,

As the others have said start with the metes and bounds description of the 5.015 Acres (with legal reference), less and except 2.145 Acres by recent survey and described as follows: (Insert metes and bounds of 2.145 Acres)and leaving 2.870 Acres, more or less. Why more or less? You didn't survey the remainder, you said corners are missing or not checking with the previous legal description and you wanted a CMA :).

Phil

> Carl,
>
> As the others have said start with the metes and bounds description of the 5.015 Acres (with legal reference), less and except 2.145 Acres by recent survey and described as follows: (Insert metes and bounds of 2.145 Acres)and leaving 2.870 Acres, more or less. Why more or less? You didn't survey the remainder, you said corners are missing or not checking with the previous legal description and you wanted a CMA :).
>
> Phil

Thank you.

I think you hit the nail on the head. I was overthinking it and again, I'm out of practice writing descriptions. I write one maybe every 3 or 4 years.

we call it Remainder.

I would never write a property description to what I have not surveyed. By doing so in Texas, we would assume the responsibility and liability of the other surveyor as our own and plus we are to go on the ground and be witness to the boundaries to create a report.

Have written many residue tract descriptions that I have surveyed on the ground and they were mentioned as "all that remaining portion of....." and describe what is left.

I never did like finding a description that had all those "less and except" tracts at the end. Those usually were never surveyed on the ground or have no trace of evidence that remains.

Carl, another way to state what the others have already said:

I normally write in two or three parts.

Preamble then Body. Usually I also make a closing statement with seal and sig to close.
========
A portion of the remaining lands of ("original parcel" deed and/or map reference of only, Not a typo of the original), except the lands of ("previously conveyed parcel" deed and/or map reference only, Not a typo of the original), (insert more exceptions as needed), being more particularly described as follows:

Commencing at (reference to a specific point in the original boundary), thence along the boundary of the lands of (reference to original parcel) bearing & distance to the True Point of Beginning, thence (B&Ds along known/surveyed lines), to the boundary of (reference to original parcel), thence along the boundary of the lands of (reference to original parcel) bearings & distances to the True Point of Beginning.

Containing xx.x acres, more or less.

This description was prepared by me or under my direction and was complied from record data.
---- seal
sig, LS#, date
========

... conveys title, can be surveyed, looks good for the clerk, job done.

One of the great things I've experienced from coming from MI, which is pretty much a M & B description state, to AZ is that things like this are simply solved via a recorded survey map.

You survey the entire parcel(s). Put all pertinent data on it. One parcel is "A", and the other is "B". You list all your reference material deeds, previous surveys, etc in your notes.

The description then becomes "....Parcel A as depicted per record of survey recorded in Book... Page..." and that is very simple. Much like describing a lot in a subdivision, or an aliquot part of a section. But your recorded map has all the data. None of those 5 paragraph M&B's with more typos than we can count..

I've never been a proponent of "exception" descriptions, but have used them in the past. They work, but it just pushes the can down the road for the next guy to figure out....thus saving your client money.

I agree, if they want a description then they must pay me to locate it. [sarcasm]Why bother surveying anything? just write a new description, heck lawyers do it all the time[/sarcasm]