DATE:

02/02/05

SUBJECT/TOPIC:

DEED PREPARATION

  Q:

I frequently have clients who request that I prepare a deed without a title search. What disclaimer language do you suggest if the deed is prepared with no other information than that contained in the current deed, no title search is conducted, no current survey is provided and the preparer does not handle the closing?

Also, what do you recommend regarding inclusion or non-inclusion of acreage in a description in a deed?

  A:

I usually put something like "from information furnished by the parties" in the preparer's statement. It is probably also a good idea to write both parties and confirm the limited nature of your engagement and, if true, that you have recommended that they get a survey and title work.

If the prior description includes acreage or if there is a new survey, I include it with a "more or less" caveat. I don't try to calculate it myself, though.

 

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