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.
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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.
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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.Ask a similar question