Don't need to survey a whole tract to divide off a part of it although today in Oregon it would take a Partition Plat to end up with conforming parcels. The State says if over 10 acres, no survey needed, Morrow count set the minimum at 80 acres. This case he was asked to only survey and provide a description for part of it. To make the new part senior and place any overages or shortages in the remainder, the description as written must uses language to accomplish that, 'excepting out of is the language that accomplishes that'. The owner probably knows that there may be some risk in not surveying it all, but a risk he seems willing to take. A surveyor can accommodate him and should not hold the owner hostage for more surveying work when what is asked is legal and practical even when it might seem wiser to survey the whole tract. You can make the remainder of the parent tract senior by using similar language, even without a survey.
jud,
We do these a lot. Try something like this
BEING x.xx acres of land in Block Whatever of Whatever the controlling portion of your town/county/state/township/range/survey, some county, Virgina, and being the residue of that 100 acres as described in deed from someone to someone on some day and recorded in some volume, some page of the Deed/Land/Official/Book/Slide/Plat records of some county, Virgina: Said tract described as follows: Bearings are based on the West line of that x.xx acres as described in deed from someone to someone on some day in some volume, some page:
Then begin at all of the other corners and call them out and their deeds. There is no reason for weasel words, since you're only describing the residue of some tract. Don't make more out of it than it is, and just make sure that you call for all the adjoining tracts and you'll be fine.
Also, at the end, make sure you note that it is a description prepared from existing records and in no way shape, form, or fashion, represents a Land Boundary Survey.
> we call it Remainder.
Yes, yes we do fellow Colonial.
> ...make sure you note that it is a description prepared from existing records and in no way shape, form, or fashion, represents a Land Boundary Survey.
99.9% of the time that "disclaimer" never appears on the recorded deed. Thus it technically doesn't exist.
wayne
Well, if your title companies totally re-type the description, then there is no way to fix it; however, if you're sneaky, like me, you might put it in the preamble, all kinds of different ways in the body, and then at the closing. 🙂
> > we call it Remainder.
>
> Yes, yes we do fellow Colonial.
Ditto here in Texas, a remainder tract.
Careful, File
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