Descriptions in Deeds
The countryman, who, by good fortune, political shrewdness or chicanery, has been exalted above the common people by an election to Justice of the Peace, and therefore is entitled to be dubbed ÛÏÛªSquire,Û and authorized to sit in judgment on his neighbors, tie hymenial knots, etc., is looked upon by his fellow citizens as a truly great man; one whose opinion on all matters, from the building of a rail fence to the revision of the American tariff, is unimpeachable.
He is called upon to make out a deed for a piece of property one of his neighbors has sold another; and the ÛÏÛªSquire,Û with a full realization of his eminent fitness and ability to properly prepare papers of this and all other kinds, goes to work, and presently evolves a description something like this: ÛÏBeginning on the bank of the creek, thence following the creek to the brush fence that burned up last spring, thence to the old black stump, about 50 yards, thence running by the fox den to the northwest corner of JonesÛª tater patch, and then along the fence to near where SmithÛªs portable sawmill stood, then by the path leading to the foot log over the creek, and then to the place of beginning, and being the same ground used by Brown as a pasture lot.Û
The ÛÏÛªSquireÛ knows perfectly well that this description is all right, for he has accurately described the whole boundary, as he can prove by every person acquainted with the premises. He hands the deed to the grantor, who is well satisfied; satisfied for two reasons: First, because he has the utmost confidence in the ÛÏSquireÛªsÛ ability to draw a good deed, and the ÛÏÛªSquireÛ has assured him that it was all right; Second, he is satisfied because it only cost 50 cents, whereas it would have cost two or three dollars to have had a survey and correct description. The grantee is also satisfied, and for the same reason as the grantorÛªs first; and he takes the deed to the County Auditor and he sees nothing wrong. To all appearance it is perfect, and he makes the transfer. It is now taken to the Recorder, who observes it has all the legal requirements, such as consideration, wifeÛªs signature, etc.; and he collects his fee, and soon a copy of this magnificent document, this splendid product of the ÛÏSquireÛªsÛ futile brain, has become a part of the county records. If the grantor and grantee had any misgivings about the document before, they are all removed now; and they are absolutely certain of its soundness. For had it been wrong, the Auditor or Recorder would have noticed the error, and pointed it out, but it has passed through without a single criticism, and there can be no doubt about its validity.
There is a class of persons, who, through suspicion of fraud or trickery, make it a rule to deed away property by precisely the same calls as were used in the deed to them. A case of this kind, with which we are pretty well acquainted, having had something to do with it, occurred right here at Columbus, in which the grantor declined to make a deed except with identically the same description as that contained in the deed to him. The result of this practice is easily seen; once right always right, or once wrong always wrong.
Our statutes should require, and make a part of each conveyance of real estate, a complete plat of the premises conveyed. This plat should show the connection of its lines with recorded lines; should give the course and distance of each of its boundaries where it is at all possible, and give all witnesses taken to corners.
R. S. Weitzell ÛÒ Presented to the Ohio Society of Surveyors and Civil Engineers - 1885
Well, it's about time someone had the guts to say that publicly.:-O
Holy Cow, post: 330787, member: 50 wrote: Half isn't necessarily half.
Here's a very messy "half" description posted by Jerry Penry in 2012. There seems to have been some miscommunication between the seller and the attorney, to say the least.
https://surveyorconnect.com/threads/where-is-the-east-one-half.170527/
Holy Cow, post: 330787, member: 50 wrote: Half isn't necessarily half.
Here's a very messy "half" description posted by Jerry Penry in 2012. There seems to have been some miscommunication between the seller and his attorney, to say the least.
https://surveyorconnect.com/threads/where-is-the-east-one-half.170527/
Holy Cow, post: 330924, member: 50 wrote: Well, it's about time someone had the guts to say that publicly.:-O
Notice that is from Ohio! The surveyors in Ohio have been saying similar things ever since. The results are the current laws and rules as cited in my prior post to this thread. An attorney preparing other than a generalized description in Ohio may be practicing unlicensed surveying. As such the attorney would be subject to a cease and desist order from the BOR. This likely would also result in a referral to the local and/or state bar association for review.
Jim in AZ, post: 330791, member: 249 wrote: Isn't a "half" always calculated by area once land leaves Federal Jurisdiction? That's how it is here...
That is State specific.
