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? |