Writing your own deed?

Sure it's legal, and it will be as good a description as some lawyer would write in his office without the benefit of a current survey.
If you take a realistic look in the courthouse, you will see that such deed comprise 90-95% of what's on file.
There's no law in my area that says you MUST have a survey. There's no law that says a lawyer MUST write or file the deed. As long as both parties sign the document and file it at the courthouse, it's as valid as any other document there.

I am doing the survey, setting corners, and providing fieldnotes. He will be writing the deed referencing my fieldnotes as and attachment or exhibit.

Thanks,
James

Yes, anyone can fill out a deed form or copy one of record and file a deed.

It might make you more comfortable to give him a plat with a designated "Point of Beginning" and related calls and distances. Then he can write his description per your plat and all will be copasetic. ( I'd do the same. I write deeds at the office all day long, so I would prefer to write my own.) If his description is contrary to your plat, your hinny is covered.

> A client and his neighbor are wanting to swap two triangular tracts of land to straighten out a dogleg in the common boundary line and is planning on writing the deed himself using my fieldnotes.
>
> Once I finish the survey, it's none of my business but just out of curiosity, is that legal? Inquiring minds want to know.

Probably the better question is: "Is that smart?". The language of deeds does make a difference and the law changes.

thanks,
James

> A client and his neighbor are wanting to swap two triangular tracts of land to straighten out a dogleg in the common boundary line and is planning on writing the deed himself using my fieldnotes.
>
> Once I finish the survey, it's none of my business but just out of curiosity, is that legal? Inquiring minds want to know.
>
> James

Not legal in Ohio! Current laws, Ohio Revised Code (ORC) 315.251, ORC 319.203 and Ohio Administrative Code (OAC) 4733-37-06, requires that new or corrections of existing descriptions must be prepared by a licensed surveyor and include the name of the surveyor. Also required is a statement of the date of the description and/or field survey used as a basis for the description.

Descriptions and required plats of survey are usually attached to the deed form as exhibits. Recently one P.S. inserting his descriptions into deed forms for clients was convicted of practicing law without a license. The individual was, if I remember correctly, also disciplined by the Ohio PE/PS Board.

The land owner preparing his own deed may have difficulty getting it accepted by many counties. The county requirements adopted to comply with ORC 315.251 are often not understood by property owners.

I agree Kent. That's the right question. The answer, however, varies with the clients. I have seen deeds well written by land owners and I have seen some really screwed up by lawyers. In situations where clients have asked me if they can't their own deed, I usually recommend a lawyer that I believe does a good job. So I guess what I'm saying is the next questions should be, "Is there a lawyer in your area you would recommend?" If not writing it themselves might not be a bad choice.

> I am doing the survey, setting corners, and providing fieldnotes. He will be writing the deed referencing my fieldnotes as and attachment or exhibit.
>
> Thanks,
> James

I am not really sure what you mean by fieldnotes.
I would think your client really needs/wants legal descriptions and a recordable 8.5x11 exhibit/sketch/plat to be used in his deed preparation.

That should be rather easy for you to prepare and would provide a good service.

Local practice and regulations could effect what he wants to do... can you inform him on that?

The fieldnotes is the metes and bound description. In Texas the surveyor usually provides the description and/or a plat. The landowner then takes that to an attorney who writes the deed attaching the description as an exhibit or they retype the description into the body of the deed.

It has always been my understanding (in Texas) that anyone other than an attorney writing a deed for someone else is practicing law without a license. I'm just curious to know if writing your own deed is legal. Apparently it is.

James

Don't forget. Legally it must also be notarized. No reason you can't write your own deed. As Kent mentions wording is important. Also there must be consideration ie ten dollars. What warranty is implied?

> The fieldnotes is the metes and bound description. In Texas the surveyor usually provides the description and/or a plat. The landowner then takes that to an attorney who writes the deed attaching the description as an exhibit or they retype the description into the body of the deed.
>
> It has always been my understanding (in Texas) that anyone other than an attorney writing a deed for someone else is practicing law without a license. I'm just curious to know if writing your own deed is legal. Apparently it is.
>
> James

OK, thanks. Didn't know it was Texas.

Not familiar with Texas, but I don't know of any place that prohibits a Land Owner writing a deed for Himself. I suppose it is good Avoid being a Typist in some areas!

In Mississippi, it depends. If the the person writing the deed is one of the parties (grantor or grantee) and does not charge a fee for the service, then it is legal. If the person writing the document is not one of the parties, they are engaging in the unlicensed practice of law.

"§ 73-3-55. Unlawful to practice law without license; certain abstract companies may certify titles

It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43. Any person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be held to be engaged in the practice of law."

I would counsel your client to clearly state the intent of the deed if they don't want use your survey as an exhibit or for the description. If the intent of the parties were clearly stated in more deeds of this nature it would make life much simpler.

I always used to see deeds stating "$1 and other valuable considerations" when people didn't care to include the actual price, or if there was a property trade involved.

Recently I've seen $10 ovc showing up. Why, isn't $1 still considered a monetary consideration?

The Register of Deeds here would accept it and file it. No problem.

The bigger problem comes when the parties involved do not understand the type of deed that should be used. Eventually they discover that what they really did is not what they intended to do. For example, Party A gives Party B a quit claim deed. Later, Party B discovers no one will loan him money to build a house on the tract because of it only being a quit claim deed. Then he has to find Party A and beg for a better form of deed. But, Party A is dead.

I have written several deeds that were recorded and I am just a brush ape.

Here in Virginia it is common to see Deed of Gift's (to children, grandchildren, etc.) Consideration does not have even be monetary here. "I grant and convey the following.......for love and affection" The love and affection is consideration and payment. Who says you can't buy love? lol

> I have written several deeds that were recorded and I am just a brush ape.

What do you mean, "just"?