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Similar to the issue on someone else changing your survey

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(@holy-cow)
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Had a job not too long ago where two fellows had written their own description of what one was selling to the other.?ÿ That was done several years ago.?ÿ The buyer now wanted to add on some more land in an L shape.?ÿ The seller decided a survey should be done this time.?ÿ We discovered that what the first transaction had conveyed was about 45 feet further south than what was being occupied.?ÿ What the buyer wanted was more land to the north and east, up against a street and a previously surveyed tract.?ÿ The seller explained the south line was to be where a certain fence had been built together at what they thought was still going to be the south line.?ÿ In fact, the buyer already owned that roughly 45 x 160 area.?ÿ So, we worked out a plan where the buyer was to deed back that extra area to the seller, put everything else where it was supposed to be in their plan.?ÿ A few weeks later, I drove by and saw a new fence 45 feet further south that extended the extra distance to the east to hit the previously surveyed tract.?ÿ No one contacted me about preparing a correct description to fix what they were doing.?ÿ I'm afraid to look in the courthouse to see what the new deed says.?ÿ It can't possibly be correct.?ÿ BTW, my survey with my description was recorded prior to the sale of additional land.

 
Posted : January 23, 2023 2:27 pm