[WSBARP] Corrective deed to update legal description?

[Deborah Berg]

Sherry,

 

It is pretty risky to "modernize" a legal description without a
certification from a surveyor that the new description describes the same
land as the old description.  However, if it appears clear that the
"modernized" description provided by the title company in fact does describe
the same property (especially if no surveyor is involved):

 

*         When the title company insures the buyer first using the
"modernized" description, it is a good idea to have the description of the
land insured by the policy include both descriptions, with the old
description first and then the statement that the insured land is "also
described as" the "modernized" description, listed right below.

*         Then when the insured buyer conveys the land next, it would be a
good idea for the deed to still use both descriptions, with the "also
described as", and require that the transferee's policy also insure using
both descriptions.

 

Deborah Berg

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Sherry Bosse Lueders
Sent: Monday, December 12, 2016 3:56 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Corrective deed to update legal description?

 

Listmates,

 

After a legal description for real property has been modernized (by the
title company), can that change be reflected in the next transfer of
property, without filing any kind of corrective deed? Or, would a corrective
deed first need to be filed prior to the deed transferring property? I don't
believe the latter, with the extra step of filing the corrective deed, would
be necessary, but I'm curious whether anyone has experience to the contrary.

 

Thanks!

 

Sherry Bosse Lueders | Of Counsel

 

Stacey L. Romberg, Attorney at Law

Telephone:  (206) 784-5305

Fax:  (206) 789-8103

 

Visit our website at  <http://staceyromberg.com/> http://staceyromberg.com/.

 

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