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Hey, My Maine Real Estate Land Deed Does Not Include Out Parcels?

It happens a lot in the legalese of deed drafting on Maine land parcels.

maine river canoers photoThe out parcels, the smaller properties that were broken off the larger acreage as time happens.

Through the years the four hundred acres becomes thirty two and studying the deeds to the Maine land is something we have done for thirty three years. To watch the whittling down from big to smaller parcels.

To see what is left today and not just relying on a tax map which clearly states in the lower left hand corner of the large pages.

That "this Maine land tax map is not legal for conveyances". But often in rural areas, is the only "map" you have.

I really appreciate real estate closings in Maine where the lawyer does not just say "checked the title, you are good to go. It's squeaky clean".

Then here is my legal bill for services. Slide across the conference room table for review. Whoa, don't want to be up the creek without that paddle. Comforting news about the title itself and the pedigree review, opinion. But show me what you found over the last forty or more land title search years. In black and white.

What happened on record at the registry of deeds where the Maine land is recorded?

And all the other out parcels, right of way easements to the lots that were sold or conveyed out to someone else. Somaine river race canoe photo everyone knows today what do we own today, in the here and now of where we all stand surrounding the Maine land.

And to spell out that the description is weak or vague or the the noting that the legal description does not "close".

Or the come together connection does not happen because a compass bearing is wrong.

The legal secretary made a scriveners error. Mistyped or the dictation was by mistake reciting  the wrong call in the metes and bounds description.

So as you sketch the shape, the beginning is not the same point where you end up after all the twists and turns of the property that is anything but a square, rectangle simple. As you read the deed land description.

More and more the land in Maine deed legal descriptions are farmed out to a surveyor to tidy up because some are loose as a goose.

When the small Maine land parcel of an acre or two was traded for two pigs and a chicken.

Or a long ago public school house lot, etc was removed from use. Tax acquired properties with title issues and just not worth spending beacoup dollars on to tighten up and fix are the biggest time consumer in Maine land sales. To explain why this small parcel is not spelled out in the deed to the Maine land around it. Because in the description there are numerous references to earlier deeds where it is defined.

The question of how come this or that piece is not described in my Miane land deed is because of space.

andrew mooers houlton maine photoRecording fees. And it is easier to refer to the earlier sale of Maine land that happened years ago by deed reference. Because if thirty seven out parcels, conveyances happened, it is going to be much prettier, less confusing to one by one refer to those individual transfers. If the deeds to them were recorded and it is known they are a lot of record that was defined, conveyed out earlier.

Often a Maine land survey of what do we have now as the dust settles is one easy exhibit "A" for the deed to refer to, and to have hanging in the registry of deeds for all to see. In mylar copy that will last, endure and avoid confusion later on over what do I own or not have title too. And refered to as surveyed lot 35 with all the distances and compass bearings of the Maine land spelled out in map form. With notations on posts found or rods set to define the corners. No matter how many there are.

Find a Maine land lawyer or title company that spreads all the deeds out on the table, that takes the time to one by one sketch the sales and with the reference number deed book and page "maps" it out. So you can see the remaining property left you thought you were buying. To enjoy for years to come. Pass on to your kids.

Maine, big state, come walk your favorite part of it.

I'm Maine REALTOR Andrew Mooers, ME Broker | 207.532.6573

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Comment balloon 10 commentsAndrew Mooers | 207.532.6573 • September 13 2013 03:54AM
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