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  1. #1
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    Apr 2019
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    Default Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    My question involves real estate located in the State of: Georgia
    When the closing attorney drafted the Warranty Deed to a property I purchased several years ago the Legal Description has 44deg 51' 47". The land survey and a previous owner Warranty Deed reads 44deg 52' 47". This error was not noted until I was preparing to have the property annexed into the city and have it rezoned. The attorney has since retired and closed his practice. What actions need to be taken to fix this typo in the legal description?

  2. #2
    Join Date
    Sep 2010
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    18,908

    Default Re: Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    Finding the attorney isn't going to be the hard part. You're going to need to find the grantor to get him to sign off on the correction. You should find a new attorney.

  3. #3
    Join Date
    Oct 2016
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    Default Re: Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    Is the error in your favor or other property owners?

  4. #4
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    Default Re: Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    Quote Quoting PayrolGuy
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    Is the error in your favor or other property owners?
    The bigger question is whether the deed conveys an area that entirely encompasses what should have been conveyed. That might be fixable without the grantor being involved. Otherwise, it likely will.

  5. #5
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    Default Re: Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    That is sort of what I was going for.

  6. #6
    Join Date
    Mar 2013
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    Default Re: Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    Quote Quoting etrmsub
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    What actions need to be taken to fix this typo in the legal description?
    If you bought an owner's title policy when you bought the property your first step is to take out the policy, look at the top of the front page for the name of the title insurance company and call the toll free number for the claims department.

  7. #7
    Join Date
    Oct 2008
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    26

    Default Re: Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    It depends.

    Does that leg of the deed call for a monument at the corner? If it does, the monument has legal precedence over the bearing and distance. The precept is known as "dignity of calls". Undisturbed monuments have a higher dignity than bearings and distances. For example, "THENCE South 45 degrees 23 minutes 18 seconds East with the southwesterly right-of-way line of State Highway 49, a distance of 379.61 feet to a Georgia Department of Highways brass disc in concrete found marking a point of curvature to the right". There are two monuments that take precedence over the bearing and distance calls, - the southwesterly right-of-way line of State Highway 49 AND the brass disc in concrete. What if the new survey is correct (coincidence, I know)? Try making contact with the surveyor of record. He will have a copy of the work performed for that survey.

    On a separate note - the odds of two successive surveys of the same tract having exactly the same distances and bearings and very low. There are too many variables (human and mechanical). That is exactly why the undisturbed monuments in the ground are so important. In a court of law, with few exceptions, they will hold over bearings and distances.

    Anyway, try to speak with the surveyor. It may just be a "scrivener's error", and a quick fix might be in order.

  8. #8
    Join Date
    Apr 2019
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    2

    Default Re: Legal Description in Warranty Deed Does Not Match Survey or Previous Deed

    The Grantor has since passed away. The attorney has also passed away.

    The error is in my favor. However, it encroaches on a R/W for a road.

    The error is on the first leg of the survey, the "POB" is a R/W concrete marker. The survey indicates there is a re-bar stake showing the point of the second leg. I believe that the survey and the Legal description of the previous deed are correct. When I purchased the property a new survey was not performed. The closing Attorney has passed, the Grantor has passed and the Surveyor has passed. The property sets at the corner of 2 roads. 1 state and 1 county.

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