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Legal descriptions on deeds question?


JL Sargent

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In my area the surveyors always start about 1/2 mile away from my house at a super duper old point established about the time of the pioneers then do the whole property and set the pins with the GPS readings which are accurate to +- .06". One bad hammer hit and the pin is off about 1/4". Then they spend about 2 weeks to write it up.

 

JJK

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On 2/1/2023 at 12:42 PM, tigerwoodKhorns said:

I cannot give legal advice but I am a civil engineer and a real estate attorney and deal with this all of the time. 

 

You need an actual legal.  I like to provide the legal, Assessor's Parcel Number AND a map to record as I like my documents very clean.  If there is a recorded record of survey I also include a reference to that too. 

 

The legals that you have are metes and bounds and will correspond to a survey which is actually very easy to read (even though almost no attorneys can do so).  If you are technically minded you can figure it out (I was never taught, I just looked at documents). 

 

Does your state use title companies?  They can prepare the deed and legal for a minimal cost.  They basically just copy the legal from a previous deed, hopefully an insured transaction.  You also want to pay them to record it as you will likely use an exemption for transfer tax and if you do it yourself, it will get kicked back and become a PITA.

 

One final thing, most (like 98% or more) of attorneys screw this up and I am constantly being brought in to fix recorded documents after the fact.  A title company that handles commercial transactions should be able to get this right.  If they just do residential it is a crap shoot, but a title officer can do this properly if they even look at it. 

Why enter the Taxable Venue. ,?? 🙄

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