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What the cinnamon toast frack is this?
Posted by MightyMoe on September 18, 2020 at 3:24 pmPicking up deeds to get an adjoiner:
Warranty Deed no less
Real Property located at 123 Messed up Road, xxxx Co, xxx, more particularly described as follows:
TXXN, RXXW Sec 7, PT NESE
That is it!!!!!!!!!
No reference to older deeds, no way to really know where it is beyond the general location and the address. I can go back of course, but what the heck!!!!
Many of these deeds have a title company reference, this one doesn’t.
jitterboogie replied 3 years, 7 months ago 9 Members · 15 Replies- 15 Replies
Sounds like somewhere I used to work….. ????
Piece of cake, NE and SE 1/4??s of Section 7. ????
There are too many examples of such crapola being recorded by the county workers. Each State needs to work on cleaning this up in a form that would dictate corrective action in each County.
A common one we see while doing searches is an adjoining tract described by the number used to identify it by the County Appraiser’s office which is then used on the property tax statements mailed out by the County Treasurer. Something like: CAMA #0670140200300020007.02
- Posted by: @holy-cow
There are too many examples of such crapola being recorded by the county workers. Each State needs to work on cleaning this up in a form that would dictate corrective action in each County.
A common one we see while doing searches is an adjoining tract described by the number used to identify it by the County Appraiser’s office which is then used on the property tax statements mailed out by the County Treasurer. Something like: CAMA #0670140200300020007.02
And then the tax department changes the system of identifying the parcels and leaves you scratching your head saying WTF.
Andy
- Posted by: @mightymoe
Real Property located at 123 Messed up Road, xxxx Co, xxx, more particularly described as follows:
TXXN, RXXW Sec 7, PT NESE
Somebody copied the abbreviated description from the assessor’s GIS and thought it was a sufficient description, despite the fact that the GIS said “Not to be used as a legal description.” right under the abbreviated one.
. Title companies have been the biggest culprit around here writing property descriptions. I’ve noticed lately they rewrite the description from the chain of title.
Just this week, worked on a parcel that was defined in the 70’s by what is called an Outright Subdivision Exemption creating 2 parcels. The 2 parcels are simply described as John Doe Parcel and Jane Doe Parcel of the Outright Subdivision Exemption recorded at Reception #XXXX-XXXXXX in Dubious County, State of Wonderment respectfully.
My clients vesting deed is a full page M&B description with a note at the bottom of the Description Exhibit that reads “(For informational Purposes Only)” also known as “Jane Doe Parcel of the Outright Subdivision Exemption recorded at Reception #XXXX-XXXXXX in Super County, State of Wonderment”. It, of course, is on Title Company letterhead.
I have also noticed the Title Companies are removing the acreages from property descriptions that have them in older deeds of the same parcel.
Yes. Acreages are disappearing as somehow people assumed the title companies were guaranteeing them whatever acreage was shown, when they never did. Our requirement to provide the area is being deleted.
And most times they don’t keep records that make it possible to link the old number with the new one.
Agreed. The practice exists because of poorly written State statutes which the county workers are to follow. That is why it must be addressed at the state level. It is difficult, though, to get a legislator to spend time championing such a cause when there are bigger fish to fry that get the legislator’s name in all the media reports, hopefully, in a good way.
Or where I worked, Didn’t care and did it their way in spite of the law. I learned a lot of what NOT to do and left after one year.
@aliquot As it should be. The County’s function is recordation, not validation. It’s hard to imagine an “insufficient description” protocol that wouldn’t be arbitrary and/or capricious. Also, a critical aspect of recordation is the time factor; how would the (probably days) delay to determine “sufficiency” affect the timestamp on a recorded deed?
Some (most?) Counties make this clear on the face of their sample deed form: “The office of the XXX County Assessor/Recorder/Clerk does not provide legal advice to the public and cannot assist the public in the preparation of legal documents.”I
And on that note: The Assessors office is charged with taxation of the filed deeds upon the properties within the boundaries of the county. often, in less populated and under funded counties, Its a morass of apathy and feigned ignorance, not all places, but I’ll bet there is a correlation to larger counties with lots of PILT federal lands, zombie subdivisions/lots, and lack of other than old and exhausted mining resources.
So not giving legal advice is duly noted, and acceptable, even expected. But plain ol not doing their jobs, what I had seen personally and professionally( took a years worth of phone calls and emails to get them to actually show up and tape in the 200sq ft of my missing half garage from the appraiser and title companies that rubber stamped his bogus appraisal) is criminal, to say the least.
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