Posted By J. Penry on 3/11/2009 at 7:54 AM
Your survey is an existing tract that has a metes and bounds description recorded in the deed at the courthouse. You resurvey the existing tract using found monuments and then describe the tract in your legal description according to your measurements and this accompanies your plat.
Let's say there are some differences by a foot on the ground that differ from the distances in the deed, but you know the monuments were placed with the intent of them being at the deed locations.
Has anyone ever heard of the deed then being changed to match a newer survey based upon found monuments? Can the landowner insist that monuments be placed at the locations specified in the deed because that is what he thinks he legally owns by deed?
Maybe it is done differently in other parts of the country, but I typically see rewritten legal descriptions around parcels that match the monuments, but not the deed. This is for parcels that are not designated as defined parcels such as Lot XX, but rather in the heading "A tract of land located in the NE 1/4 of the NE 1/4 of Sec. X, TxxN, RxxE, more particularly as follows...(rewrite the legal description)."
In some of the smaller counties I have been saying that each parcel of land in rural areas needs to have a specific lot number, so the surveyor can simply say "A survey of Lot xxx" without having to rewrite the legal description each time to show where it is located.
Deed vs. Legal Description
March 11, 2009