Jul
20
A particular piece of land is described in a deed as being “that parcel of land being 80 acres which is the north half of the northwest quarter of Section 5″ with a reference to the geographical survey. There is only one median line and one base line in the relevant area.
This description is:
A. Insufficient because no reference is made to the median line and the base line.
B. Sufficient without any additional data.
C. Sufficient only if the boundary lines of the property are also described.
D. Sufficient only if the geographical survey is recorded with the deed.
{ 12 comments… read them below or add one }
B
Answer B is correct. The description of the property in a deed need only be such as would remove any reasonable doubt as to what land is being conveyed. Reference to a survey, map or plat is an effective means of describing land without references to boundaries and monuments. Reference to the geographical survey is all that is required to have it be incorporated by reference into the deed. Since there is only one median and base line in the area, this description should be a sufficient description of the property. Therefore, A, C, and D are incorrect.
Seems to me, the only real issue is if the land can be identified with reasonable accuracy. Even though the method of identifying land may have changed over the years, if the geographical survey is available, this description is reasonably complete. B.
answer b.
answer B
I’ve no idea! Thinking out loud … unless I’m mistaking, each township has 32 sections and each section is one square mile or 640 acres. I don’t know whether the location of each section is fixed in regards to the sequence of the sections in referrence to the median and base line … if so, the only other question remaining is the boundary lines. Since the 80 acres could be square, circular or any other shape or form. The north half of the northwest quarter of section 5 does not appear to be sufficient …. need indicators, such as monuments or any other measurement device, to show where the four corner of the property specifically begins within section 5 and where is ends. So, C should be the answer. A great opportunity to learn.
A.
B
Answer – D
Property is my anti-game; my kryptonite.
D.
But I don’t know if the survey NEEDS to be recorded, I just would find it helpful later if there’s a dispute. Carry on.
B.
I don’t know, but I’m guessing B. The only other answer I’d choose is D, but I’m not sure if the geographical survey needs to be recorded. I am thankful for these questions–I’m learning a lot!