How do I correct a warranty deed that has the meets and bounds recorded incorrectly?

Asked over 1 year ago - Leakey, TX

I am in the final stages of a 5 year legal battle over a 4% undivided interest in a hill country ranch. During my preparation I discovered a 300’ discrepancy in the north border of a 95 acre tract. In 1986 my Aunt sold the 95 acre tract to the adjoining west boundary land owner. The north boundary was on the south side of the road/creek. In 1990 that ranch was sold to another person, and the boundary was accepted. In 2000 that same ranch was sold again and the new owner ordered a new survey. The new survey was made showing the boundary on the north side of the road/creek. The North boundary meandered with Ash Creek and the road ran along the south side of the creek. There was an existing fence on each side of the road/creek allowing for a 300’ wide flash flood corridor. I discovered this error in 2009 when a survey was done by the Trustee of the Trust and discovered 40 acres was missing. I informed the Trustee of the issue and he chose to ignore it and has since sold all of his interest in the Estate/Trust.

Attorney answers (3)

  1. Anthony Keith James

    Contributor Level 6

    Answered . I agree with the other attorneys concerning a Correction Deed. You might also note that there are priorities with respect to calls made in a metes and bounds description. Therefore, there may be a possibility for both surveys to be accurate, based on the calls (calls to markers, section boundary lines, etc take precedence over distances).

    Also, there is a lot of law governing "Strips and Gores" which, depending on the situation, may be operative in correcting the metes and bounds description without obtaining a correction deed. The doctrine of strips and gores applies to small portions of tracts that a seller would have no reason to keep (including lands in road right-of-ways).

    Also, if the creek is 30 feet in width, it may be considered navigable. This is another can of worms.

    So you have several issue to consider here. You should consult the attorney representing you in your ongoing legal battle. The facts will dictate as to whether a correction deed is necessary.

    Good luck.

  2. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If the legal description is incorrect, you may file a "correction deed" to correct the error.

    Note that if a neighboring property owner also claims the area you are adding to the legal description, you may be setting up a boundary line dispute.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. M. Todd Miller

    Contributor Level 15

    Answered . A correction deed works if the original parties are available. If not, you may need a judicial clarification or order to clear any title defects. An experienced attorney should be able to review your facts at length and help. Good luck.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

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