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Started By
Message
Need a legal description of property
Posted on 9/6/18 at 4:06 pm
Posted on 9/6/18 at 4:06 pm
I recently purchased a piece of property and now the neighbor is asking if I will split them off a small piece. This piece would square up both of our properties and doesn't affect me. We are talking less than one thousand dollars for the sale, but the bank needs a legal description for the sale. I have my survey and legal description from when I purchased my property and would like to know if anyone can help me get an accurate description of what I want to sell without spending more than the property is worth.
Posted on 9/6/18 at 4:16 pm to snake2985
Lump in the costs of it with the sale price and discuss it with the neighbor.
Posted on 9/6/18 at 4:20 pm to snake2985
Yea have him pay for all the legal documents and what you want for it for your troubles if it’s that small. It may not be worth it to either party.
Posted on 9/6/18 at 4:21 pm to snake2985
To do it right, you will probably need a surveyor. Or you could tweak the description appropriately and take your chances.
Posted on 9/6/18 at 4:28 pm to Motorboat
quote:
To do it right, you will probably need a surveyor
This, and a minor resubdivision depending on where you are.
Posted on 9/6/18 at 4:33 pm to snake2985
Confirm with bank you'd need a stamped (by a surveyor) legal description to meet their needs. Otherwise I'd attempt this myself using your and your neighbor's surveys, a scale/ruler and protractor.
Or, the best idea is to have the neighbor foot the bill as mentioned above.
Or, the best idea is to have the neighbor foot the bill as mentioned above.
This post was edited on 9/6/18 at 4:34 pm
Posted on 9/6/18 at 4:36 pm to White Bear
quote:Bad plan.
Confirm with bank you'd need a stamped (by a surveyor) legal description to meet their needs. Otherwise I'd attempt this myself using your and your neighbor's surveys, a scale/ruler and protractor.
quote:Good plan - but use your surveyor.
Or, the best idea is to have the neighbor foot the bill as mentioned above.
Posted on 9/6/18 at 4:49 pm to snake2985
Survey then all you have to do is a warranty deed using the survey as a metes and bounds legal description. From the POB N89°W 100' then S0°W 100' etc
Posted on 9/6/18 at 4:50 pm to dawg23
yeah, I agree on getting it done right after pondering it a minute. You don't want some half-assed homemade legal description holding up a future sale, etc.
Posted on 9/6/18 at 4:55 pm to snake2985
If the Bank holds a lien on the real property, they will need to approve the release of collateral (the portion you are selling). The legal description will change and the deed should be amended. This is a legal matter, more than anything else. As others have said, get a surveyor involved, but draft a contract between yiu and buyer stipulating who will pay for what. It's not going to be cheap.
Posted on 9/6/18 at 5:46 pm to Goldensammy
I just did this with the lot that my house is on the the empty lot that I owned beside me about 4 years ago.
I took 5 feet off the empty lot for the house lot.
I had to pay $1500 ( in Memphis) to have the attorneys replat the lots in the court house.
It is not as simple as selling a piece and calling it good.
I took 5 feet off the empty lot for the house lot.
I had to pay $1500 ( in Memphis) to have the attorneys replat the lots in the court house.
It is not as simple as selling a piece and calling it good.
Posted on 9/6/18 at 7:00 pm to bbvdd
I'd attempt this myself using your and your neighbor's surveys, a scale/ruler and protractor.
I vote this the worst suggestion of the year.
Years ago attorneys would write a description like you are asking and record the sale with signatures from buyer and seller. Now days I don't think you could find an attorney to record a new tract of land without a signed and stamped survey plat plus approval from some type of planing board.
When a layman writes a description often 10-40 years down the line after your and your neighbor sell the property there can be conflicting evidence as to the location of property lines. This makes the surveyors job very hard, unless it is surveyed from the beginning.
I vote this the worst suggestion of the year.
Years ago attorneys would write a description like you are asking and record the sale with signatures from buyer and seller. Now days I don't think you could find an attorney to record a new tract of land without a signed and stamped survey plat plus approval from some type of planing board.
When a layman writes a description often 10-40 years down the line after your and your neighbor sell the property there can be conflicting evidence as to the location of property lines. This makes the surveyors job very hard, unless it is surveyed from the beginning.
This post was edited on 9/6/18 at 8:25 pm
Posted on 9/6/18 at 8:21 pm to rodnreel
I had an attorney write a legal description for a road right of way in the manner rodnreel describes above. But this was years ago. The ROW has since been surveyed based on his legal description and all turned out well.
Posted on 9/7/18 at 7:08 am to snake2985
It’s not expensive. If the property isn’t in BFE a surveyor should be able to confirm your corners and give you a legal description for a couple hundred bucks. Split the cost with your neighbor and call it a day. If you do any improvements to your property you’re going to need it anyway.
Edit: Nerd moment. Any of you guys ever had the opportunity to play around with a robotic total station for surveying? Last construction company i worked for got one. You get a CAD file of say drainage structures. Upload the coordinates of the catch basins to this little tablet running Windows 10. Set up your station in the field on a benchmark, then sync up the tablet.
Then I select a catch basin, and this thing points me to the spot with arrows that pop up on screen. It’s absurdly easy to use and really cool for someone that likes gadgets. When you talk about gains in efficiency this thing was a huge productivity saver. Most surveying companies are using these things now.
Edit: Nerd moment. Any of you guys ever had the opportunity to play around with a robotic total station for surveying? Last construction company i worked for got one. You get a CAD file of say drainage structures. Upload the coordinates of the catch basins to this little tablet running Windows 10. Set up your station in the field on a benchmark, then sync up the tablet.
Then I select a catch basin, and this thing points me to the spot with arrows that pop up on screen. It’s absurdly easy to use and really cool for someone that likes gadgets. When you talk about gains in efficiency this thing was a huge productivity saver. Most surveying companies are using these things now.
This post was edited on 9/7/18 at 7:18 am
Posted on 9/7/18 at 7:53 am to elprez00
I think I'm just gonna tell the neighbor it's more trouble for me than its worth, unless he wants to foot the bill for the entirety of the transaction. Thanks for all your thoughts.
Posted on 9/7/18 at 8:13 am to snake2985
They are requesting you sell them a piece. Yell them to contact the professionals that are needed and pay them..only then will the sell ho thru.
Ineouldnt be out of pocket 1 penny. Its alreadybypurs and you dont 'need' to sell
Ineouldnt be out of pocket 1 penny. Its alreadybypurs and you dont 'need' to sell
Posted on 9/7/18 at 8:23 am to snake2985
quote:
I think I'm just gonna tell the neighbor it's more trouble for me than its worth, unless he wants to foot the bill for the entirety of the transaction. Thanks for all your thoughts.
Thats what I would do
Posted on 9/7/18 at 9:06 am to snake2985
What reason does he want the land? If it's for use like a big garden or something, just agree the imaginary line is moved and let him use it. Short of that, tell him he is responsible for figuring it out, costs included, and you'll go sign papers when needed.
Posted on 9/7/18 at 9:27 am to eatpie
Basically, he has a few rows of muscadines planted on that piece that the guy before me allowed him to plant. He's worried if I sell the place the next guys is gonna cut them down and give him a big .
I think I may just give access to the land and a right of first refusal to buy that piece if I ever sell the whole thing.
I think I may just give access to the land and a right of first refusal to buy that piece if I ever sell the whole thing.
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