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Home > Law > Real Estate Law   »   Warranty Deed

 
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Old Sep 18, 2006, 10:52 AM
JimNtn6984
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Warranty Deed

I need to re-write description of my property after a new survey was done. What format should I use in the heading for conveyance to self. [no spouse, sole owner]. thank you

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Old Sep 18, 2006, 12:53 PM   #2  
Dr D
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I assume that you are refering to the Legal Description of your property. When a surveyor does his job, he places stakes to indicate the property boundaries in accordance with the Legal Description on your deed. Your L.D. is probably in Metes and Bounds. You cannot arbitrarily change the L.D. of your property. If the pre-survey boundaries were not correct for a certain statutory time period, Adverse Possession might come into play, but I believe that court action would be required to change the Legal description.
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Old Sep 18, 2006, 01:58 PM   #3  
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The surveyor gave me the legal description and a revised plat to coorspond to the description. The previous boundries were not done by registered survey and relied more on the original plat drawing. This survey established those point along with moving one boundry according to my directions. I divided two adjacent lots to egual size and sold the one vacant, with the new survey description. Want I am refering to in this request is the best way to address the heading, quote, "FOR AND IN CONSIDERATION". I am not selling at this time, but want to file the corrected description.. I hope this explains more what I am seeking.. Thank you...
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Old Sep 18, 2006, 02:05 PM   #4  
Fr_Chuck
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please understand the legal discription of your land will go back in the records to 1800 or 1700 hundreds, the person who does the survey when you buy and sell does not "re write the dead" so if he did not do a good survey, it does not effect the legal discription on the deed or court records, only where the markers are. The new survey person merely used the legal discription on the court records and marked your property.

If there is found an error in a court discription, you will have to file in court for the judge to review all of the deeds in question, since a change in yours will also change the persons land next to you.

If you are merely dividing your property into two sections, there are specific deeds that do this, and should be done by a title attorney.
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