deeds and descriptions
TRANSCRIPT
A DEED CONVEYS……
REAL PROPERTY RIGHTS
Timber Water FlowagePossession MineralIngress EgressAir Water UseSub Surface Use Surface UseSoil Other: Wind?
UNINTENDED CONSEQUENCESKEEP OUT: THE WATER’S FINE, BUT PRIVATE!
In the Hudson Valley, two groups are demanding access to swimming holes this summer. Members of SWIM (Swim Without Interference at Minnewaska) oppose park rules that confine swimmers to a tiny roped-off section of the state-owned Lake Minnewaska, about 10 miles west of New Paltz. They have collected 1,500 petition signatures to open up the lake, and they protested last month at Minnewaska
STATUTE OF FRAUDS OVERVIEW
THE STATUTE REQUIRES THAT IN ORDER TO HAVE A CAUSE OF ACTION, ONE MUST HAVE
A WRITTEN DOCUMENT
EXAMPLES INCLUDE:
• Promises of marriage
• Responsible for another’s debt
• Sale of any good over $500.00
• Employment contract over one year
• Sale of any real property
WHAT PURPOSES DO DEEDS & DESCRIPTIONS SERVE?
• To identify unequivocally one and only one unique parcel of land for conveyances
• Identification for legal documents - courts and legal profession
• Identification for retracement of boundaries
• Identification for cadastral/taxation purposes
• Other corollary purposes-mail, address, GIS
• To locate and identify encumbrances/easements
• To give to the designated driver when you have a .32 alcohol content a way to get you home
TYPES OF DEED DESCRIPTIONS
1. METES & BOUND• Strict Metes• Strict Bounds
2. ALIQUOT PARTS• Rectangular (U.S. GLO); Some States• Created By Statute• Created By Common Law
3. ADJOINERS• Area• Combination• Strip• Street Address