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Ludite needs surveyors advice on property boundaries and use of “reputedly” in metes and bounds.
Ludite needs surveyors advice on property boundaries and use of “reputedly” in metes and bounds.
Hello.
I’m new here and could use some professional advice (I understand that anything anyone posts to me on this subject here is their opinion and not a statement of fact).
The following takes place in New York State.
My father quit claimed to me a small parcel of land approximately 12,817 square feet several months before his passing. This parcel was what remained after he had sold off two other parcels from the master parcel he acquired in 1976 at different times. A professional, stamped, land survey was done on this remaining parcel (my family’s parcel) with bearings and distances on the map, in 2005, although no deed was ever created of this sole remaining parcel – and which was the piece left over after the other two parcels were carved out and sold to other parties (as already stated).
An adjacent neighbor wishes to buy my parcel. We have agreed on the price.
1) Now, when I look at the neighbor’s parcel metes and bounds description – said property being part of the original, master parcel years ago – there are references in their metes and bounds description of my property being “reputedly” of our family’s last name. I am wondering what that means?
2) Can the professional, land surveyor’s property map survey (the one I have) be used to extract bearings and distances as metes and bounds that can then be put into a Bargain and Sale Deed with Warranty against Grantor Acts deed description?
3) And finally, the buyer’s attorney has come up with a metes and bounds description of what their client – the buyer – is buying based on a title company’s kludging together of the adjacent neighbor’s property (the buyer) together with my property (the seller) and then explicitly excluding their property as part of the description in the metes and bounds. Is that normal operating procedure?
Advise much appreciated. Thanks.
- 4 Replies
In my opinion you need a New York licensed land surveyor to write the description that meets New York requirements and does not purport to warrant you are transferring some land you do not own, relying on an Attorney written description is dangerous. Likewise extracting a description yourself is dangerous too.
The use of “reputably” just means that writer had some documentation saying that your family owned the property but that he didn’t have proof that it still did at that moment. It doesn’t mean that such proof didn’t exist, only that it wasn’t of much importance one way or another to the writer. In other words it need’nt concern you.
The best person to write a correct legal description is a licensed land surveyor.
A land surveyor should prepare the description which your attorney would then include in the deed of conveyance.
What part of NY? Things get done differently in every county.
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