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Q: Validity of a Deed with a Vague Legal Description and No Plat ( No Answer,   1 Comment )
Question  
Subject: Validity of a Deed with a Vague Legal Description and No Plat
Category: Business and Money
Asked by: raofsiam-ga
List Price: $10.00
Posted: 27 Apr 2005 17:38 PDT
Expires: 01 May 2005 09:35 PDT
Question ID: 515132
A literal reading of a Legal Description (metes and bounds) within a
Deed to a small lot translates into an obviously unintended or
nonsensical result.  Two of the five boundaries are well defined in
both direction and location, one being indicated to lie along the edge
of a highway, the other coincident with an established property line. 
These two boundaries intersect, defining one of the five angles
between the five line segments.  Closure  can be obtained with a
literal reading of the five boundary lengths if the stated directions
of three sides are allowed to vary by ten degrees or more.  However,
the resulting enclosed areas form a continuous series of varying
shapes and areas (plus or minus 50% in area).  There is no Plat to
support the Legal Description.

Is it permissible to impute unsubstantiated intent to eliminate myriad
possibilities otherwise consistent with the Description and thereby
select a valid interpretation of the Deed?

Does the Deed, dependent on this Legal Description, have any merit? 
Must it be accepted as a valid claim to property?  If yes, what
criteria must be applied in locating the uncertain boundaries and
fixing the area?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Validity of a Deed with a Vague Legal Description and No Plat
From: myoarin-ga on 29 Apr 2005 04:39 PDT
 
Greetings again raofsiam,
If you can tell us in which US state or which country the deed was
made, that may help get an answer or better comment, but I think the
suggestion will be that you have to have a land surveyor inspect the
description and those for the adjacent parcels, which he should be
able to do in the States.

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