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Splitting a deed
Splitting a deed
We are in Kentucky and looking to purchase a piece of land that borders our own. The land is split into two pieces (I??m unsure if this is called a plot?) by a county road. We??re in discussions to just purchase the upper portion and didn??t know if we needed to have it surveyed in order to split the deed or if it could be done based on the previous surveyor??s measurements.
Thank you for any assistance.
- 4 Replies
It is a good idea to have a survey done before you buy even if you don’t have to. After all, you want to be sure about what you are actually purchasing, right? If the record description doesn’t match the fence lines, wouldn’t you want to know that?
If you insist on avoiding a survey I suggest that you contact the “previous surveyor”. Having already been on the ground that person should be able to do what you need with less effort.
There are ways the division you propose could be written without visiting the ground but whether those would be acceptable to the powers that be in your county is something I cannot answer from here.
Before long there should be a Kentucky surveyor find this thread and respond based on State requirements. Everyone else will base their answers on their experiences in other locations.
In some counties in my State you could file a deed reading something like: All that part of the tract described in Deed Book 123, Page 456 lying northerly of the center line of County Road #789. Other counties would dictate that a full survey be done of the parent tract first and two descriptions written to describe how it is to be divided with one description being for the tract you want to acquire and the other description being for what is left.
The simplest thing to do; go to the seller and say, I would like to buy the portion of your property, on the uphill side of the county road. Then let them take care of the rest. But then you can’t be sure of what you are getting.
The next best thing, would be; go to the seller, ask them to sell you the property, and hire a surveyor to survey the property for you. Good or bad, you’ll know what you are getting into.
The hard part is; spending money, up front, for something that might not go through. Maybe ask the seller if they can pay for all, or part of the survey.
I hope everyone has a great day; I know I will!
I am a Kentucky Surveyor. You would have to have the piece on the side of the road that you are wanting to purchase split off from the other side (surveyed). Even if it was a state road with a fee simple take that divided the property. You would still need a new legal description to describe the portion you are purchasing.
Depending on what part of Kentucky you are in would also determine what requirements there are for the “subdivision”. If you were in Jefferson, Franklin, Warren, or a couple of others, it would require a minor subdivision plat to be approved by the planning commission before a new deed could be made up.
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