• GUESTS

    If You  want access  to member only forums on FM, You will need to Sign-in or  Sign-Up now .

    This box will disappear once you are signed in as a member.

  • Join In - We Share Fishing Reports & Outdoor Information Here

     
      You know what we all love...

      The same things you do!!!! Share what you love & enjoy in the outdoors as well as thank those whose posts you 'appreciate.'

      Have Fun!!!

  • 0
Sign in to follow this  
berfish

Land ?

Question

berfish

Has anyone has any experience with this?

The land my girlfriend purchased has a "legal description" that is decribed differently in three documents. Is the "legal description " that she signed when she bought the land the final and correct description? The reason this is important is the fact she has horses that will be grazing and people will be hunting the land. The neighbor, who is the original land owners brother, bought 10 acres from the previous land owner. This gives him 20 total acres to the east of my girlfriends 50 acres. But it is not included in the signed legal decription she signed at the closing. Also the 10 acres is shown in two different places on two county maps. One map is the plat book map and the other map is on the counties website. The abstract of the land my girlfriend bought shows the 10 acres was sold to the landowners brother and decribes it to the south of his land. On the plat book it decribes the new 10 acres to the west of his land. And the legal decription she signed repeats the same tract of land twice, his original 10 acres! I posted this on several sites asking the same ? Sorry for the lengthy post. Just curious.

Share this post


Link to post
Share on other sites

11 answers to this question

Recommended Posts

  • 0
Big-Al

A legal description can be described correctly in more than one way, but it sounds like you have more of an issue than just that. List the ways that it is described and it can be determined if it is the same piece of land or not, but I would have an attorney that deals with property look at it.

Share this post


Link to post
Share on other sites
  • 0
upnorth

Typically the abstract is correct. Did she have a closing company do the closing? They should have some info on what she actually owns as they should make sure that everything in the abstract is correct before closing. I would contact whoever did the closing to make sure they did a deed search to verify the actual legal description.

Don't rely on the opinions here or other forums, along with talking to whoever did the closing talk to a real estate attorney or at the very least go to the county for an explanation from someone who works that stuff daily. Make sure you have them look at everything you have to determine which is the accurate description.

Good luck sorting this out.

Share this post


Link to post
Share on other sites
  • 0
dogs

Have the title co. clear it up if there is title insurance on the property. When purchasing property one should never rely on legal descriptions. One should walk the property with the seller and mark what you intend on buying and he intends on selling (survey it youself) or have it surveyed. A legal description is just a written description of boundary's location depicted in field, and are subservient to actual monumentation in the field. I surveyed with emphasis on land and title for 8 years, monuments rule.

Share this post


Link to post
Share on other sites
  • 0
Tom7227

A legal description can be described correctly in more than one way, but it sounds like you have more of an issue than just that. List the ways that it is described and it can be determined if it is the same piece of land or not, but I would have an attorney that deals with property look at it.

I'm a retired lawyer with 34 years experience - BigAl has the correct answer - talk to a lawyer. Hopefully there was title insurance when the deal was done.

Share this post


Link to post
Share on other sites
  • 0
berfish

Thanks for the replies. There is title insurance. My girlfriend and her parents walked the property with the land- owner at the first showing but he unexpectedly passed away a week later. His wife doesn't know too much. Yep...I won't rely on the replies I get but I was just curious if this happens a lot. I don't see the neighbor and my girlfriend having any issues because she understood he had the 10 acres all along. It just wasn't stated in the legal description. When we brought the homestead papers in to the county I asked to see what they had for maps and plats of the land. They sent me to the GIS department and the tech. drew up the legal description using an ArcView type program and autocad.(only 10 acres when he drew it up, so we knew we weren't misinterpreting anything) Then I showed him the county plat book (20 acres)he shrugged his shoulders and said to talk to the neighbor. I think we will just ask the neighbor what he owns and go from that. In hindsight we should have requested a survey or somehow gotten a survey done before the sale. Kinda hard to put legal "no trespassing" signs up. hehe

Share this post


Link to post
Share on other sites
  • 0
sparcebag

Read the plat book, It will state in it that it is not accurate for any legal descritpions.Get the lawyer,It most likly will be surveyed at whos cost will be determinded by the Ins.

Share this post


Link to post
Share on other sites
  • 0
WaveWacker

Yep, plat books can be wrong. If you want to know for sure the boundaries, only thing is to have it staked by a surveyor.

Share this post


Link to post
Share on other sites
  • 0
irvingdog

Kinda hard to put legal "no trespassing" signs up. hehe

Beerfish, buddy, I gotta tell you; be careful with the "no trespassing" signs.

"Citiots" as some of the less kind rural folks like to call us, have deep attachment to land access that has been customary to them. Talk over a cup of coffee. Work out a schedule. If one of your new neighbors owns 10 acres, but is used to having access to all 60, I promise you he tells his hunting buddies he has 60 huntable acres. In Illinois, we bought 240 acres of land to be used as a camp for the mentally handicapped. We diligently posted no trespassing/keep out signs.

Then had 5 outbuildings burned to the ground.

Will it happen to you? Likely not. But it could be the difference between a gate closed or left open to your pastured horses.

Share this post


Link to post
Share on other sites
  • 0
Jackpine Rob

The fact that title insurance is involved is good. Very good.

The title policy insures the legal description on the deed that she received. If there's a problem, the title policy is there to cover it.

However, it seems like you have a couple of other issues here, that are probably easily answered.

You are talking about simple squares - 10 acres, 40 acres, etc. Its not brain surgery to determine where the NE1/4 of the NE 1/4 of the SE 1/4 is located. The original government surveys have been out there for a whale of a long time, but of course finding the exact corners and lines is a job for a licensed surveyor.

Talk to the title company. They can tell you what they insured, and will probably be happy to provide you a sketch of what was purchased. If you aren't satisfied with the answer, there are still a few competent real estate lawyers out there who can advise you.

Relying on a plat book to figure things out isn't a good plan, and reading the feeble rantings of guys like me on the internet won't get the job done either.

Work with the pros.

Share this post


Link to post
Share on other sites
  • 0
berfish

Irvingdog, yep we weren't going to post to keep him out. There is a sqare mile of state land next to both of us. Mainly to keep people from crossing onto private land from the public land. My girlfriend and me won't have a problem even if the guy wants to hunt some of her land. Definately going to talk to the neighbor before doing anything. Yes we are very aware of stiring the pot with the locals. I have talked to some of them. It is amazing how rumors have already started to fly about my girlfriend. Nothing serious though. Thanks again for the relpies guys.

Share this post


Link to post
Share on other sites
  • 0
sparcebag

Part of todays access problems started back when most all rural owners shared access with eachother and most anyone who asked permission.Then came the people who wanted a little piece of country for their own,they got small parcels and most of these people said this is mine! I want no one on it! Posted it and ity started happening again & again!

The rural folk decided well if they want it that way (no sharing)We'll not share either.

Sad story but true! now days getting permission is like pulling teeth,because of attitudes of its mine and mine only!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  



  • Your Responses - Share & Have Fun :)

    • papadarv
      Keys to make the blade work well. *Sharp! *Cutting edge needs to line up to the Gullet of the opposite blade! *Add a .020 shim 1/8" wide between blade screw and cutting edge. Increases cut angle to same as K-Drill! I'm working on another set welding  1/4" piece of blade to the outside blade edge extending the blade 1/2" past auger flight making it a full 8" hole. Note how the K-drill blade extends 1/2" past the auger flights.  
    • leech~~
      I like your blade work as well. Two summers ago when I sold my hand auger at my garage I think I throw out about 4 sets of those old blades as well!  😣
    • papadarv
      Made the drill point out of a spade drill bit welded to a 3/8” 16 bolt/screw than cut & ground to shape the point. Drilled & tapped center of blade bracket. Tap slowly as that steel seem a grade or two above basic mild steel.
    • bluewater2
      Thank you  
    • leech~~
      That is some sweet work right there. I see these at garage sales all summer, may be I should start picking them up?  Looks like you added a drill point on the end of them as well. The adapters and the end point are key items on making these right.
    • papadarv
      I went a different route, got several vintage Mora 7 1/2" hand augers $10 to $15 each with the old hardened sweedish steel blades modified to replicate K-drill style blades #5. Went with clam plate 3/4" drive bit & M18 Fuel Mud Mixer worked ok on early ice #1. Wanted to try my DeWalt/Jiffy so converted to the 7/8" drive bit, didn't have the power to cut the agressive blade #2. Later ice in Wheelhouse, went with my Eskimo 43cc with a Walker 25' flex exhaust out the door, cut 32" ice in 27 seconds #3. Ran 4 1/2 holes to 1 of my buddies new green ION 8in. Made some adapters to put the 7/8" auger bits on my Clam Plate and Mud Mixer#4 for early ice this comming season.
    • Wanderer
    • ANYFISH2
      OUCH!!! 6 players down to injury in one game.  We were thin at O-line depth before, now we have "1st" line players having to play nearly an entire preseason game, because we dont have enough bodies!  This is going to be major issue going forward.   Overall, not a good showing offensively. Jacksonville is a very good defensive team, but we definitely need to be better.   Defense, look pretty good!  We need to complete turnover chances, at a better rate.     3rd RB race is going to be fun to watch.   Special teams, are kinda leaving me wondering.  Punt coverage is quite shaky.  Carlson is looking more like our guy, after Forbath missed a 41 yd fg.
    • Borch
      That's ok.  Was a good day on the water.  Took my wife out this afternoon and had a nice day fishing.
    • ANYFISH2
      Bass, especially Smallmouth Bass.   Why are they my favorite? A symptom of growing up along the Mississippi I would imagine.  The walk along the shores of The Miss. have given me pretty much every species that swims here.  Nothing get me more excited than the acrobatics or the will of a Smallmouth.   In open water I just seem more drawn to grab the bass bag and chase bass more than other species.  Come fall, it will be tunnel vision, bronzebacks.