Deeds -what is conveyed

Question 1

Orig 13 colonies & spain controlled land was

Answer 1

conveyed before ever surveyed

SO..land descriptions imprecise

Question 2

Rest of US—

Answer 2

plots more accurate (surveyed before title)

Question 3

Rule : Land description in a deed must

Answer 3

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

Question 4

Metes & Bounds description

Answer 4

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

Question 5

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

Answer 5

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)

Question 6

analysis interpreting deed

Answer 6

• 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

Question 7

patent defect

Answer 7

• Apparent from deed itself

* Cant be cured-deed is void

Question 8

latent defect

Answer 8

• Not apparent from face of deed

* Cured by –extrinsic evidence

Question 9

governmental/rectangular system

Answer 9

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

Question 10

extrinsic evidence

Answer 10

CANT be used to CREATE a ambiguity

• If deed clear on its face, will be enforced as written

Question 11

Conveyance [up] to a monument

Answer 11

• 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)