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  1. #1
    Join Date
    Apr 2010
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    15

    Default Amending a Parcel Description on a Deed

    My question involves real estate located in the State of: Wisconsin
    Our township vacated unused roads in our platted development in 1972. We bought our parcel in 1987 and a portion of the vacated roads abutting on one side and bisecting through the middle of the parcel are not listed in the parcel description on our deed. The vacation is noted in our abstract and is on our tax description. Apparently the title search company did not find this in our search. It has recently come to light. How do we amend our title to include the vacation on our property deed?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,240

    Default Re: Amending a Parcel Description on a Deed

    There is no real need to "update" your property description until you sell.

    As it shows up in the title abstract and the tax records it's already on record. There is probably also a vacation plat (map) dating from the vacation on record somewhere. You could contact your County Surveyor's office for some clues as to where that might be recorded.

  3. #3
    Join Date
    Apr 2010
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    15

    Default Re: Amending a Parcel Description on a Deed

    LandSurveyor, thank you for the response. It has been perplexing to us and we have been searching for an answer. You have helped to provide that guidance.
    Any other thoughts will be much appreciated.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,240

    Default Re: Amending a Parcel Description on a Deed

    Any other thoughts will be much appreciated.
    I'm not sure what else you are looking for. It's a standard process and covered here:

    https://docs.legis.wisconsin.gov/sta...es/66/X/1005/2

    If you convey your property without reference to the vacated and now-attached portion it will likely convey anyway, as you would have to specifically reserve it in writing to keep it. It's always best however to get the description current and tidy for a grantee even if not strictly necessary so you will need some professional help for that when you sell. Not a major expense.

  5. #5
    Join Date
    Apr 2010
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    15

    Default Re: Amending a Parcel Description on a Deed

    Thank you again. The problem is that there are some who are challenging the vacation because it is not listed on our warranty deed. We have copies of the township minutes passing the resolution, the resolution documents filed with our county and our abstract that all state the vacation, plus our tax statement description listing the vacation. We thought to have it described in our deed would satisfy them.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,240

    Default Re: Amending a Parcel Description on a Deed

    The problem is that there are some who are challenging the vacation because it is not listed on our warranty deed.
    Best if you state the problem up front in your first post, rather than fishing for it later after we have spent some time on your thread.

    You will need to get an attorney to file a corrected deed per your state law:

    706.085 Correction instruments. (1) ENTITLED TO BE
    RECORDED; PURPOSES. An instrument correcting a previously
    recorded conveyance shall be entitled to record in accordance
    with s. 706.05 in the office of the register of deeds of the county
    in which the conveyance is recorded and shall include one or more
    of the following:
    (a) The correction of a legal description, including a distance;
    angle; direction; bearing; chord; lot, block, unit, or building number
    or letter; appurtenant easement; section number; township
    name or number; municipality, county, or state name; range number
    or meridian; certified survey map number; or subdivision or
    condominium name.

    If you cannot find a vacation plat to attach, a surveyor's description may be required and you will have to pay for that also, as attorneys are not usually allowed to provide new legal descriptions.

  7. #7
    Join Date
    Apr 2010
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    15

    Default Re: Amending a Parcel Description on a Deed

    Thank you again. We have the original plat copy from 1928 that depicts the roads that were vacated in 1972. All the affected lots are depicted and the roads are well defined. All the roads were platted at 20' wide which made them unusable.

    On our tax description, referring to the plat drawing, it says "All of lots 37, 71, 72, 73 & 74, & the vacated road between lots 37 & 71, & the vacated road to the south". The road to the south abuts all the lots. The entire parcel is long and one lot wide, which is an amalgamation of small lots.

  8. #8
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,240

    Default Re: Amending a Parcel Description on a Deed

    Absent a vacation plat my advice would be to have a licensed surveyor create a new description for your parcel(s) referencing all of the recorded actions you have described and have your attorney record it per the statute I posted.

  9. #9
    Join Date
    Apr 2010
    Posts
    15

    Default Re: Amending a Parcel Description on a Deed

    That is what we will do.

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