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Top 20 Reasons to Update Your Real Estate’s Survey /Legal Description

Last modified 2007-11-21 12:02

Update if: 

  1. The latest survey was at the time of the Revolutionary War Grant.
  2. The legal description refers to “the old oak tree on the corner of the property line” where no tree now exists
  3. The property has been transferred only at death through two or more generations of your family
  4. The legal description refers to “chains” and “links” and “rods”
  5. You’ve sold or otherwise transferred more than two lots or slivers off the same parcel
  6. You discovered you’ve been paying taxes on land Grandpa sold over 30 years ago
  7. The river has changed course through the bottom land during the past 20 years
  8. The legal description acreage, the FSA acreage, and the auditor’s acreage are all different for the same period
  9. You suspect your neighbor’s fence is over your property line or your fence is over his
  10.  The legal description refers to “ground glass under a stone”, “a deer path”, “a stream”, or “the Old Mabry farm”
  11.  You learn great grandma’s will was not properly probated and she has more relatives than you ever knew
  12. You want to separate your residence from the rest of the parcel
  13. The county engineer has stamped your deed “no transfer without new legal description” or similar words
  14.  The city has renumbered the lots in your subdivision
  15.  Your legal description’s courses do not match those on your survey
  16.  You need to sell part of a parcel to pay your bills
  17.  Your land was split by a  major highway
  18.  The county engineer refuses to approve the description because it will not “close”
  19.  Your old description includes land that does not belong to you anymore
  20.  The easement to the back 40 described in the recorder’s office is not wide enough for modern farm equipment.

 

Information provided by Carolyn Eselgroth and Barrett, Easterday, Cunningham & Eselgroth LLP