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Flashcards in Deeds -what is conveyed Deck (11):
1

Orig 13 colonies & spain controlled land was

conveyed before ever surveyed
SO..land descriptions imprecise

2

Rest of US---

plots more accurate (surveyed before title)

3

Rule : Land description in a deed must

• Accurately set forth land being conveyed
• Description must:
o Locate the land
o Set forth the land’s boundaries

4

Metes & Bounds description

o Describes land by starting at a specified location & giving directions for traversing the boundaries of the property
o Must have:
• A findable starting point
• Closure-start & end at a findable point

5

when courts trying to interpret deed, will look at....

In this order of importance
only guidelines, parties can intend to indicate otherwise)
• Natural landmark (river) (more than artificial-ie, wall)
• To landmark (vs. adjacent owner’s property line)
• Adjacent property line (than to course & distance)
• Course & Distance (ie, north) (than to a distance)
• Everything (over a statement of total area)

6

analysis interpreting deed

• Intent of grantor
• Words of deed itself, best evidence of intent
• Most time will be all court examines
• Extrinsic evidence cannot contradict lang of deed
• When in doubt- will favor grantee over grantor
• Better to penalize stupid party that drafted

7

patent defect

• Apparent from deed itself
• Cant be cured-deed is void

8

latent defect

• Not apparent from face of deed
• Cured by –extrinsic evidence

9

governmental/rectangular system

• Much of US was surveyed b4 conveyed
• Land split 36 square mile blocks
• Each identified by
o Township (north- south)&
o Range (east-west)

10

extrinsic evidence

CANT be used to CREATE a ambiguity
• If deed clear on its face, will be enforced as written

11

Conveyance [up] to a monument

• Will include the center of the monument (usu)
• “to the brick wall”-includes the center of the brick wall
• Exception:
• If deeds states “to edge” ⇒ overcomes presumption
• If monument is a public road (duh)