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Q: Validity of a Deed dependent on a Plat containing Patent Errors ( No Answer,   2 Comments )
Question  
Subject: Validity of a Deed dependent on a Plat containing Patent Errors
Category: Business and Money
Asked by: raofsiam-ga
List Price: $5.00
Posted: 27 Apr 2005 17:43 PDT
Expires: 01 May 2005 09:37 PDT
Question ID: 515135
By citing a recorded Plat, a Deed designates a parcel being conveyed;
the Deed contains no other definitive designation of the parcel.  The
Deed is properly recorded.  The Plat incorrectly identifies the owners
of property lying at two sides of the subject parcel.  This incorrect
identification includes naming a neighboring property owner and citing
a deed to show his  ownership.  The cited deed relates to a property
which is clearly not adjacent to the parcel purportedly delineated by
the Plat, and the actual property adjacent to the parcel has another
demonstrable owner.

Under these circumstances, has a conveyance occurred?  When a deed is
dependent upon an erroneous plat, is the deed valid?

Clarification of Question by raofsiam-ga on 28 Apr 2005 08:14 PDT
Under the conditions of this question, the erroneous Plat constitutes
the sole Legal Description of the parcel.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Validity of a Deed dependent on a Plat containing Patent Errors
From: myoarin-ga on 28 Apr 2005 06:50 PDT
 
Where do you live?

The following is no professional or legal advice (see the disclaimer below).

Isn't the plat just a map and not the record of ownership?  Citing in
the deed an outdated plat showing prior owners - or even incorrect
ownership - of neighboring parcels should have no influence on the
validity of the deed if the parcel number is correct.  Is there title
insurance covering the deed of conveyance?

Maybe when it is known in which state this is, someone can give you an
absolute answer, but, recalling the disclaimer, you should talk to a
surveyor or, better, with the county or state office for registration
of property.
Subject: Re: Validity of a Deed dependent on a Plat containing Patent Errors
From: myoarin-ga on 28 Apr 2005 14:49 PDT
 
Thanks for the clarification.
It still seems to me that if the parcel in question is clearly defined
on the plat, despite the errors in names, referring to the "recorded"
plat in the deed is just a substitute for describing the parcel by a
verbal description of the property lines as they appear on the plat
("starting at the iron pipe in the SE corner, 100 ft north, ...").
But I am just a layman, and still think it would help if you would
tell in what state or country this is.

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