If the property owners have abandoned the aliquot part descriptions then they need a new description from the land surveyor.
The Statute of Frauds does not require a written contract. An oral contract is still valid and the parties are free to act in accordance with it. What the Statute of Frauds does is make certain oral contracts unenforceable without at least a written memorandum of the contract (it does not necessarily have to contain all of the required elements).
Dave Karoly, post: 362717, member: 94 wrote: The Statute of Frauds does not require a written contract.
Here are the Wisconsin statutes:
http://docs.legis.wisconsin.gov/statutes/statutes/706.pdf
Kent McMillan, post: 362268, member: 3 wrote: But if a surveyor encounters a structure that MAY be a house and that MAY be a cheese factory, should he or she correctly identify it as "house and cheese factory" or as a "house OR cheese factory".
The correct terminology likely depends on the day of the week, whether or not the Packers game is on, or if it is deer season.
Some hours and some days... a Cheese Factory, other hours on other days a house.
Perhaps, listing the business hours of the Cheese Factory on the face of the survey is the most responsible solution.
Kent McMillan, post: 362725, member: 3 wrote: Here are the Wisconsin statutes:
Thus, is it often said that the statute of frauds ÛÏis a shield and not a sword.Û 2
A contract is created when there is mutual assent between the parties regarding the terms of their agreement even though their agreement is oral and is within the statute of frauds.4 The agreement is not void, but merely voidable by the parties. Although created orally, it is a valid contract, but it is not enforceable unless there is an adequate written memorandum containing the minimum material terms of the agreement signed by the party against whom the contract is being enforced. 5
1 Calif. Real Est. 1:77 (4th ed.)
Dave Karoly, post: 362730, member: 94 wrote: Thus, is it often said that the statute of frauds ÛÏis a shield and not a sword.Û 2
A contract is created when there is mutual assent between the parties regarding the terms of their agreement even though their agreement is oral and is within the statute of frauds.4
In Richard's case, his view was that since all lands in Wisconsin were allodial (i.e. there were no feudal tenures), the legislature had no ability to enact statutes requiring conveyances of land to be in writing. Under his theory, adjoining landowners could rearrange their boundaries weekly by verbal agreement. The fact that boundaries , once agreed, would be certain and that any shift in them would be a conveyance didn't slow him down a bit, I don't believe.
From a standpoint of land titles, the requirement that certain land transactions be in writing and the recording statutes are both important shields.