Land Description Pitfalls

Posted by noncompos on January 09, 2007 at 21:44:58 from (67.42.238.52):

With the recent threads about land boundary questions, if you're reading your deed descriptions, there are certain rules that apply, like (A): Got Section 7 and the west half of 8? Sounds like 960 Ac...sections are 640 Ac...but since you can't lay squares out on a round body, sections 1 to 7, 18,19, 30 and 31 may've been "adjusted", and contain less (or even more, sometimes). And don't feel smug if you've got sections 15 and 16, if you're in anything like rough country (and sometimes on the flats); lots of the original GLO surveys were put out to bid and done by the lowest bidder...Your County Surveyor will have a set of the original Township and Range (blocks of 36 sections) plats, and there are considerable variations...
(B) your west line goes from the point of beginning N 16 27 W along Hills east line 500 feet to Wells south line...but you may not actually go N 16 27 W, or 500 feet, because generally the "tie" to Hills east line controls over the compass bearing stated, and the actual distance up to Wells south line (whether less than 500 or more than 500) generally controls over the distance stated. (C) Your line runs to and along the centerline of Muddy Creek...Oh? The centerline as it existed when? If it's moved, the general rule is that if the moving was gradual, the normal stream slowly, imperceptibly wearing away the banks, the land boundary MOVES WITH IT...BUT if the stream moves because of flood or sudden temporary increase in flow, the land boundary stays in the "old" centerline. As you can guess, the party losing land claims FLOOD! and the party gaining land says WHAT FLOOD? This can raise all kinds of sticky questions. These few examples are just to show that reading deed descriptions, land descriptions, is subject to certain rules of interpretation that may considerably modify what the deed seems to say, and professional advice should be sought before any actions are taken.

Replies:

• Re: Land Description Pitfalls Eric SEI 19:49:15 01/10/07 (0)
• Re: Land Description Pitfalls John T 06:48:12 01/10/07 (1)
  • Re: Land Description Pitfalls Mike (WA) 08:35:10 01/10/07 (0)
• Re: Land Description Pitfalls paul 22:10:35 01/09/07 (0)

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