Home > Research Legal Advice > Real Estate > Property description in deed is incorrect while closing.
Asked 8 months ago - Seattle, WA
FlagI bought a property in contract that is to close in a few weeks. I plotted the description of the property in the deed using some software. The resulting polygon doesn't close and in one area the boundary even crosses over itself. The problem may be due to a typo. There may be more than one error. Do I need a survey and can I make the seller pay for the survey? Is it possible to delay the closing beyond the contracted date for a survey? How do inconsistencies between the legal description and boundary markers and fences get resolved? Does a survey identify and or resolve potential issues with neighbors?
A survey is useful to determine your exact property boundaries, and costs for the survey can be negotiated to be paid for by the seller, buyer, or split between both. Generally, the person disputing the boundary will pay costs unless the other person has some sort of incentive for paying for the survey.
You will want to be sure that the legal description in the deed is accurate as it is a material term that describes the subject of the contract, the property. An error in the legal description can negate the entire transfer and cause significant transfer issues as a result. You should make sure that all the information in the transfer documents is accurate, and you'd be wise to consult with an attorney to draft these documents.
It might be a good idea to get extended tilte insurqance which insures the validity of the legal description. The seller has an interest in providing avlid legal because the wrranty deed that is usually provided by the seller includes a warranty of good title. The errant legal is potetially problematic for the seller. So be sure to informe the seller of the problem.
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