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Description suggestions
Posted by stacy-carroll on August 17, 2019 at 4:53 pmI have a description to write that has one parcel totally inside the other. I have to describe both tracts but I am not sure about the wording to deduct the interior lot from the whole. Anyone have an example to share?
TIA
ken-salzmann replied 4 years, 8 months ago 10 Members · 11 Replies- 11 Replies
Just do a metes and bounds for both?
Expressly excepting and excluding from these presents, all that portion of the ground hereinbefore described, embraced in “TRACT A” described as follows (insert description of Tract A).
From a metes and bounds Mineral Survey Patent.
Or something like that.
Loyal
1. Describe the interior tract
2. Describe the circumferential tract stating “less and except” the described interior tract
I’m with Paden. We had one that was already like that, then they wanted us to add something like 6 feet to the four sides of the internal rectangle. Sort of a rectangular donut or picture frame. That took a little thought as the expanded area had to be subtracted from the surrounding tract then added to the original internal tract. This was for a tower site as I recall.
Describe the outer parcel, then from the termination of the last course do a tie course to the interior parcel, then describe the interior parcel in the opposite clock direction, from the interior termination return reversed along the tie course. Area will be only be the retained lot. You can say that the interior lot is a separate lot, but there is no reason to except the area, the description has already done that. Describe the inner parcel by commencing at the exterior parcel termination point to the interior POB, then along the same lines with not need to return to the commencement point. You want to make sure that both ends of the tie course are well monumented.
Paul in PA
In the preamble or heading of the property description, mention that this xyz.ab acres is “Tract A” the parent tract that contains the c.d acres “Tract B” that was severed and then describe “Tract A” and “Tract B”.
That’s my intent, just looking for the wording.
Freedom is just another word for nothing left to losePaul,
I would love to see an example if you have one available.
Freedom is just another word for nothing left to loseTract A: Metes and bounds description of the larger tract, with a S&E of the following described parcel, giving total acreage minus S&E acreage. Ex:Being a 10ac parcel S&E 2.5 ac for a 7.5 ac tract being known as Tract A: then give a good starting point, and carefully describe the directions to the point of beginning of the interior tract, then give M&B for interior tract, giving an acreage (example 2.5 ac) for the interior tract, now being known as Tract B. Tract B: being the above S&E tract, being a 2.5 acre S&E tract out of a 10 acre parent tract surveyed this same date, being now surrounded by a 7.5 acre tract, now Known as Tract A. then give a repeat of the starting point, description to the POB, and the M&B of the 2nd tract. Yes, my field notes get long, but I have strang feelings that I want anyone following me to know exactly what I meant.
Personally, I would use the KISS method; Except that portion described as follows:
I hope everyone has a great day; I know I will!Here is an example for an unusual lot, slightly sanitized to save space. It was a long description.
The original owner sold small lots along a private road, all located well within his property. My client, a subsequent owner, recently subdivided, creating 2 new large lots and retaining a larger one, Lot 1, with his house that also included the fee to the private road. His lot had 2 exceptions, one of the new lots, Lot 2, and the previously sold off lots. The 3rd new lot was off to the side and stood by itself.
The subdivision plat was filed, but the title people and municipalities here in SE NY require a metes and bounds description, even if the plat is filed.
The client’s lot, Lot 1, was described (not included here) and then the excluded parcels were handled thus:
EXCLUDING from the above described Lot 1 the parcel designated as Lot 2 on The Plat, said Lot 2 being more particularly described as:
COMMENCING at the intersection of the south line of P. Road with the division line between Lot 1 and Lot 2 as depicted on the map entitled: “Final Subdivision Plat prepared for Client, etc.,” recorded in the Dutchess County Clerk’s Office on …. as Filed Map No. xxxx;
thence along the south side of P. Road, South 77º 08’ 34” East 78.88 feet to the south line of the private right of way known as Owner’ Road (the fee title to said Owners’ Road being part of Lot 1 on The Plat);
thence through Lot 1 on The Plat, along the south side of said Owner’s Road, South 62º 40’ 00” East 96.00 feet to the POINT OF BEGINNING of the herein described Lot 2;
thence still along the south side of Owner’s Road, South 62º 40’ 00” East 249.16 feet, etc.…for lots of courses …. and North 48º 30’ 00” East 100.00 feet to the south side of Owner’s Road and the Point of Beginning of the herein described Lot 2 on The Plat.
ALSO EXCLUDING from the above described Lot 1 the following parcels fronting on the west side of Owner’s Road, being collectively described as:
COMMENCING at the intersection of the south line of P. Road with the division line between Lot 1 and Lot 2 as depicted on the map entitled: “Final Subdivision Plat prepared for Client, etc.,” recorded in the Dutchess County Clerk’s Office on … as Filed Map No. xxxx;
thence along the south side of P. Road, South 77º 08’ 34” East 78.88 feet to the south line of the private right of way known as Owner’s Road (the fee title to said Owner’s Road being part of Lot 1 on The Plat);
thence through Lot 1 on The Plat, along the south side of said Owner’ Road, South 62º 40’ 00” East 96.00 feet to the northwest corner of Lot 2 on The Plat, etc. …. more courses to the POINT OF BEGINNING of the herein described EXCLUDED lots;
thence along the division line between the west side of Owner’s Road and the east side of said Adjoiner, South 12º 52’ 10″ East 114.50 feet; etc. … for lots and lots of courses …. thence North 26º 54’ 20″ East 7.00 feet to a spike and stones found and South 81º 19’ 40″ East 149.69 feet to the Point of Beginning of the herein described Excluded Lots.
The herein described Lot 1 contains a net area of 17.3275 acres, more or less.
Gurden H. Wattles’ text Writing Legal Descriptions is a very good resource.
Ken
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