Author Topic: What morons  (Read 4824 times)

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Mark

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What morons
« on: July 23, 2009, 08:53:19 AM »
I due get tired of lawyers and nitwits writing legal descriptions. Of course the title companies happily sign-off on them, what morons! It's a wonder these people can even find their way home at night.

Figure this one out.
Quote
East 250 feet of the North 70 feet of that certain tract of land described as: The South 1/2 of the Northwest 1/4 and that part of the South 1/2 of the Northeast 1/4 of the Northwest 1/4 lying West of County road known as Armenia Avenue, Section 14-28-18, blah blah blah ....

Here is another.
Quote
That part of the South 1/2 of the North 1/2 of the Northwest 1/4, West of Armenia Ave. described as beginning 593.90 feet North of the Southeast corner and run West 360.77 feet, South 20-42-50 West 32.15 feet, East 372.15 feet and North 30 feet to beginning.
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Dinosaur

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Re: What morons
« Reply #1 on: July 23, 2009, 09:01:04 AM »
It gets even more dicey when the call is for the North 10 ACRES of the South Half of the NE 1/4 of the . . .
Confusing to be sure, but it is all contingent on how the parcel was sold and divided over the years.  Sometimes that is the only language that will suffice.

mjfarrell

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Re: What morons
« Reply #2 on: July 23, 2009, 09:09:34 AM »
Hardly the worst 'Legal' description I've ever seen.    :|
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Mark

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Re: What morons
« Reply #3 on: July 23, 2009, 09:17:22 AM »
Hardly the worst 'Legal' description I've ever seen.    :|
Same here, but can you put it on the ground?
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Dinosaur

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Re: What morons
« Reply #4 on: July 23, 2009, 09:29:44 AM »
Hardly the worst 'Legal' description I've ever seen.    :|
Same here, but can you put it on the ground?
Yes, but you have to have a good breakdown of the Section first.

Keith™

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Re: What morons
« Reply #5 on: July 23, 2009, 09:47:39 AM »
hmmm .... maybe I am missing the whole bad legal description thingy .. but according to what I have been taught, isn't the township and range designation pretty much set in stone from the principal meridian and baseline? If you have the township and range information, it isn't rocket science to find the location based upon the 1/2 and 1/4 indicators.

Of course without a complete legal description it would be hard to locate that parcel, but heck, the south 1/2 of the north 1/2 of the nw 1/4 seems pretty clear to me ... working backward, you find the section, quarter it n/s - e/w and take the nw 1/4 ... cut that in 1/2, then take the south half and cut it in half once again ... that is the general location the property is located in .. the origin is designated from the section corner since that will not change and you work from there to the point of beginning for the parcel.

Have you ever wondered why the survey crew sometimes starts 4 miles away when trying to verify a parcel? Thats because they have to start from a known point, and if property lines are in contention, that is the only place that doesn't change.

I've seen some bad legal descriptions though, but that isn't even close ... try understanding one that says to traverse the dry creek bed 236' westerly to the lone oak then 42' north to the point of beginning ... I suppose 150 years ago they didn't place rods and concrete monuments, instead they relied upon geographic landmarks such as big rocks and tree stumps.
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mjfarrell

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Re: What morons
« Reply #6 on: July 23, 2009, 09:52:46 AM »
Big Rocks and Tree Stumps DO work, as on a couple surveys I was involved in retracing we actually found the Blazes the surveyors hacked into the tree some 50-70 years prior....and unlike a 'set' monument there is little error in using them as typically they do not get up and walk away, or have their positions recorded in the notes in error....nor are they frequently 'disturbed' owing in part to their substantial size and weight....and typically they wee chosen with some care by the surveyor because of their size, and seeming 'permanence'.
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Michael Farrell
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Keith™

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Re: What morons
« Reply #7 on: July 23, 2009, 09:55:57 AM »
I'd hate to know that my property lines were described by a bunch of stumps that will rot away
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Mark

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Re: What morons
« Reply #8 on: July 23, 2009, 10:00:21 AM »
Hardly the worst 'Legal' description I've ever seen.    :|
Same here, but can you put it on the ground?
Yes, but you have to have a good breakdown of the Section first.
OK .... :)
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Mark

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Re: What morons
« Reply #9 on: July 23, 2009, 10:04:12 AM »
I'd hate to know that my property lines were described by a bunch of stumps that will rot away
At one point in time the land you live on was most likely describe in just that way. :)
In Florida many of the section corners were marked with a lightwood post. You can lookup the original field notes and plat for most of Florida.
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James Cannon

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Re: What morons
« Reply #10 on: July 23, 2009, 10:06:57 AM »
I'd hate to know that my property lines were described by a bunch of stumps that will rot away

and no one ever loses or moves a 1/2" Iron Rod :P

but you can always hire someone to survey your property lines and mark them with something more permanent, can't you?  (I wouldn't see why not... though I'm no expert)

Dinosaur

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Re: What morons
« Reply #11 on: July 23, 2009, 10:16:37 AM »
Yes, but you have to have a good breakdown of the Section first.
OK .... :)
"Breakdown" meaning surveyed location of all pertinent monuments within the Section or at least Quarter supported with monument records of same and any plat or right-of-way maps.  If the controlling monuments are in place, a proper survey will establish the bearings and your property is defined by parallel lines from them.  If the Section is missing pertinent monument information, the surveyor must then establish the prorated locations of those missing and set them if necessary.

mjfarrell

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Re: What morons
« Reply #12 on: July 23, 2009, 10:19:22 AM »
yeah, well unfortunately the size nor the permance of a marker is no real indication of the actual property line...he who sets the biggest monument isn't always right
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Michael Farrell
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Krushert

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Re: What morons
« Reply #13 on: July 23, 2009, 10:26:16 AM »
IN today's time with GPS and all,  why isn't lats and longs used?  Is that becuase of big brother's dialing back the tolerance? 
I + XI = X is true ...  ... if you change your perspective.

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Dinosaur

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Re: What morons
« Reply #14 on: July 23, 2009, 10:32:08 AM »
IN today's time with GPS and all,  why isn't lats and longs used?  Is that becuase of big brother's dialing back the tolerance? 
Everything is controlled by the description in the current property deed.  A new description can be written in meets & bounds format using whatever units desired, but it must refer back to the prior deed language in the description.