DATE:
09/01/00
SUBJECT/TOPIC:
BOUNDARIES
  Q:
Recently some property was surveyed and now the owner desires the new description as called for by the new survey be entered into her deed. It appears that the new survey is providing about 25-30 more feet of road frontage and to the owner this is important in that the state is taking part of the land across the front of this property to widen the highway there. Can this new description be entered on a warranty deed or should it be a deed of correction, or will it require the signatures of the adjoining landowners who will not sign anything or does she have to file a petition with the court. These parties acquired this property by inheritance so it would be difficult or impossible for the grantors of the property to sign a deed of correction.
  A:
Thank you for your question. You can't amend an existing deed. Ideally, you would get and record a correction deed from the original grantor. This would also pick up any part of the property that was not covered by the first conveyance. Since you can't do that, you may have to bring suit against the neighbors to establish the proper boundary line. If its just a matter of getting the survey description of record, perhaps your clients could record a quitclaim deed to themselves using the new description.
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