Below is the description of an adjoiner to a parcel I will begin retracing tomorrow. Not sure what the writer (i.e. attorney) of the description meant by that last line?
Pefect Description, And It Closes Perfectly
You should have all the adjoiner deeds and in this case pretty much follow the fences.
Paul in PA
He is saying that it would be more accurate, carried out to say 100 th decimal place by a professional, but he was a layman and did have the correct language.
Pefect Description, And It Closes Perfectly
Fence on the east, road on the west, their south line is my north line. I guess I have carte blanche to push the common line north and leave them with an acre or so.
An Almost Rectangular That Size Is 4.8 Acres
You need to follow the evidence.
Send me all adjoiners deeds and I'll render a more particular opinion.
If you are unable to survey it then you have a small mind.
Small dimensions don't mean squat.
Paul in PA
An Almost Rectangular That Size Is 4.8 Acres
Yes you are right, but this property is nowhere near rectangular. And the directions are turned about 90 degrees.
An Almost Rectangular That Size Is 4.8 Acres
"Small dimensions don't mean squat"
Yes, that was my point. Sorry for not being obvious with the sarcasm. 😛
"and did have the correct language".
I've never seen a phrase in a description such as that last line... In any event it is a meaningless statement and I'm not sure why it was added. This is actually the 3rd time this description was put to record and the first and second did not contain the sentence.
> "and did have the correct language".
>
> I've never seen a phrase in a description such as that last line... In any event it is a meaningless statement and I'm not sure why it was added. This is actually the 3rd time this description was put to record and the first and second did not contain the sentence.
You're overthinking that last sentence. Somebody in some legal office added so that 100% of the people that read it would know that that description was not written by a surveyor. While 100% of surveyors would know that the description was not written by a surveyor, probably only 20% of the general populace would not know that it wasn't. They would think that "if it's in a deed, a lawyer hired a surveyor". We all know that that just always isn't true. It's CYA (Cover Your A$$$$$) wording by someone in a law office.
As to the description of each line, well, that's a lot better than I get to work with sometimes. And sometimes west is really south and such... They use the road as an E-W "baseline" and are looking perpendicular to it to the "north" and start doing their thing and it could be 60° or more off.
Carl
The meaning may not be apparent, but it held meaning to the writer....
:good:
At least they are honest enough to say it has not been surveyed.
They still don't know anything about measuring land.
They have made an attempt to confine the boundary to where the fence exists.
No mention of adjoining boundaries agreeing with what is being called for.
I would search backwards for the first recording of that description and see if it were altered in any other ways.
😉
I think they mean a survey would be more "precise".
The original and second records of that description don't say anything about it not being a surveyed description etc.
That parcel and my client's come from the same source. The adjoiner is senior. First thing I will look for is the white oak. The descriptions aren't too old so I'm sure it will still be there or at least its remnants. After that it's look for evidence leading from the oak to the back fence and everything should fall into place...:-)
Autocorrect in his computer changed a misspelling of "discrepancies" to "dimensions" or "small dimensions" refers to the part to the right of the decimal point? I don't know, just guessing.
One local attorney here prepared descriptions that were written entirely backwards. North was actually south, east was actually west...etc. Made for a lot of head scratching before I figured that one out.
>"small dimensions" refers to the part to the right of the decimal point?
:good: That goes with the repeated "approximately" on the round numbers of feet.
An Almost Rectangular That Size Is 4.8 Acres
PiPa,
Maybe I'm reading that response wrong.
I hope so, because if I'm not that is probably the most arrogant and annoyingly pompous blather I've read here in a long time.
🙂
Don
Call for the adjoined prevents gaps and gores. You must do your best to gather all evidence to put that line on the ground. Call for a ridge or hill is high in the chain of evidence, a durable physical feature. Search high and low for remnants of fence from there and just maybe you can find the white oak. Weigh each call separately. The dimensions and directions have weight but the adjoiner, ridge, fence and white oak are the monuments. Collect the evidence, talk to the adjoiners, make your decision as if you had to explain to the judge how you determined the boundary. Take pictures of what you find too. You may end up with 3 acres or 5 acres, doesn't really matter if you can follow the calls in the field. These description are typical in KY and you actually have one of the better ones.
I think they meant, an actual survey on the ground was not conducted at the time of conveyance.
That's what it sounds like to me, too. Not sure why the statement is necessary, though. Sounds like a fairly easy survey is the fence and the white oak are still there.
