| DATE: |
09/01/00 |
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|---|---|---|---|---|
| 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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