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If you have a dispute with the actual boundaries (mete and bounds) i.e. you believe that you actually own more land that what is described on your deed, then you will have to hire a surveyor to survey your land based on the county records. Depending on where you live (state and county) there may be a free service to address these types of discrepancies.
If, on the other hand, the issue is the actual language of the of the deed, i.e. the deed says "west" and it should say "north", then a trip to the county recorder office with deed in hand may be all that is needed. The county recorder will have access to the county records and will be able to crosscheck your deed with the records to make sure they are in agreement.
Ok...if the issue involves an adverse possession, i.e. the fence line of your property gives you less (or more) property than recorded on your deed, hire an attorney. Every state has differing adverse possession rules which a real estate attorney will know. Factors that may need to be considered include the duration of time which the fence line has been established, the property owners' understanding of the true property line, who has paid the taxes on the property in question over the years, rights of access, permenant fixtures, etc...etc... Hire an attorney.
A Different Perspective
If there is an error in your deed description you should contact the attorney who represented you when you purchased the property. That attorney was paid to represent you. They should have a title examination in their records that contains the correct legal description. If the error is serious enough to require a corrective deed that attorney should take responsibility for making the corrections and pay any additional costs such as recording fees.
Wiki User
∙ 13y ago
Wiki User
∙ 8y agoThe answer depends on the details. Errors in deed descriptions can be addressed by a corrective deed. However, the deed should be drafted by a professional. Also, there may be a need for the grantee in the original deed to convey the land back using the exact same description as was used in the first deed. That way, the entire transaction can be redone correctly with the new deed. An attorney who specializes in real estate law will know how to correct the problem.
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How would an omission to transfer portion of land affect the deed?
The grantee would need a confirmatory deed executed by the grantor that includes the correct description for all the land that should have been conveyed the first time. It should state that it is a confirmatory deed and the parties should make certain the description is correct and includes ALL the land the grantor intended to transfer.
How do you find land owners by land description?
You can visit the land records office, look up the owner’s name in the grantee index and look for their deed. The deed will show the property description. (The staff will help you.)
I looked the title deed to my house and I noticed the address is incorrect. How can I correct this mistake since I purchased the house seven years ago?
If the deed description of the property is correct then it's not a problem if only the address is recited incorrectly. The deed description is what identifies the property that is being conveyed. If the property address is the only description of the property then you have a problem. You would need to obtain a corrective deed.
What should you do when you get a deed with an error or missing course in the legal description?
If the error is minor, and the deed has a title reference that states it is the same property described in a former deed and that former deed recites the correct description, then you may be safe to ignore the error. A missing course in an otherwise perfect deed can be corrected by a scrivener's affidavit. If the error is substantial enough that it causes confusion as to what land was conveyed then you will need a corrective deed. You should have the deed reviewed by the attorney who represented you at the closing ASAP.
Is latitude and longitude the same as the legal property description?
No. Generally, the legal description for a property is the deed description. Generally, the deed description should be carried forward in subsequent deeds unless the land is subdivided, and a new description is thereby created, or the land is surveyed, the survey is recorded in the land records and then referred to in subsequent deeds. A survey can strengthen a formerly, vague bounded description.Longitude and latitude are not useful in property descriptions unless, perhaps, someone is buying a small deserted island.No. Generally, the legal description for a property is the deed description. Generally, the deed description should be carried forward in subsequent deeds unless the land is subdivided, and a new description is thereby created, or the land is surveyed, the survey is recorded in the land records and then referred to in subsequent deeds. A survey can strengthen a formerly, vague bounded description.Longitude and latitude are not useful in property descriptions unless, perhaps, someone is buying a small deserted island.No. Generally, the legal description for a property is the deed description. Generally, the deed description should be carried forward in subsequent deeds unless the land is subdivided, and a new description is thereby created, or the land is surveyed, the survey is recorded in the land records and then referred to in subsequent deeds. A survey can strengthen a formerly, vague bounded description.Longitude and latitude are not useful in property descriptions unless, perhaps, someone is buying a small deserted island.No. Generally, the legal description for a property is the deed description. Generally, the deed description should be carried forward in subsequent deeds unless the land is subdivided, and a new description is thereby created, or the land is surveyed, the survey is recorded in the land records and then referred to in subsequent deeds. A survey can strengthen a formerly, vague bounded description.Longitude and latitude are not useful in property descriptions unless, perhaps, someone is buying a small deserted island.
How can you locate property by the legal description?
The "legal description" of a property is the expansive and unique description of the property that is used in legal documents such as the deed. There may be a metes and bounds description, bounded description, plat reference, plan and lot reference to a recorded survey or simply a deed reference where the more particular description can be found. If you already have the legal description then you must have the deed with the grantee's name. You can use that information at the local assessor's office to determine the location of the property on an assessor's map.
What is meant by the land description?
When people speak of the land description they are usually referring to the deed description, or, the legal description. Generally, in recorded land systems, the legal description is in contrast to the tax assessor's description. For purposes of conveyancing, the legal description should be used. Assessor's map and plot numbers are generally not used.
What is a description of property?
The legal description is the deed description. To be enforceable in a court of law, the deed must contain a valid description of the property that is complete enough to locate and identify that particular parcel of land. That deed description is the legal description of that land and must be carried forward in deeds.The legal description should include any encumbrances and appurtenances that run with the land. It should be used in every deed of conveyance. The deed description is in contrast to other identifiers of property such as the street address and tax assessor's designations. While those may help to identify the property they do not constitute the legal description.A copy of the legal description can be obtained at the land records office where the property is located for a nominal fee. Some have websites where copies can be printed from home for free, others charge for copies. Some land records offices require an account to perform online research and some do not have online services at all.In the United States, you can find the land records office in your jurisdiction by performing a search using the county + state + land records.
What can be done to correct a deed that includes only one parcel of land when there is supposed to be two?
The owner of the land must execute a new deed that describes ALL the property that is to be conveyed.
I want to do a Quit Claim Deed and I need to find a property's Parcel Identification?
You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.
Which are the legal methods of property description?
The legal description is the deed description. To be enforceable in a court of law, the deed must contain a valid description of the property that is complete enough to locate and identify that particular parcel of land. That deed description is the legal description of that land and must be carried forward in deeds.The legal description should include any encumbrances and appurtenances that run with the land. It should be used in every deed of conveyance. The deed description is in contrast to other identifiers of property such as the street address and tax assessor's designations. While those may help to identify the property they do not constitute the legal description.A copy of the legal description can be obtained at the land records office where the property is located for a nominal fee. Some have websites where copies can be printed from home for free, others charge for copies. Some land records offices require an account to perform online research and some do not have online services at all.In the United States, you can find the land records office in your jurisdiction by performing a search using the county + state + land records.
Who creates a deed restriction?
The owner of the land can create a deed restriction.The owner of the land can create a deed restriction.The owner of the land can create a deed restriction.The owner of the land can create a deed restriction.
