LandInvestors.com Forums **Ask A Question** legal description on vesting deed vs county records

  • Creator
    Topic
  • #18149

    Neil H
    Participant
    Post count: 139

    Hello — I’m going to answer my own question here, but just in case…

    The legal description on the vesting deed of a property I’m about to purchase with an in-house closing does not include the township/range/section. It only lists the lot #, subdivision name, filing #, followed by the phrase “according to the recorded plat thereof”. However, county records (and ParcelFact) include the township/range/section as part of the legal description for this parcel.

    Because Land Academy has done an excellent job of drilling it into our heads that you must copy the legal description exactly as it appears on the vesting deed, I plan on doing that. But is there anything I’m overlooking? Are there counties that now insist on adding this information to the deed, even if it didn’t appear previously? This is for Park County, Colorado.

    Thank you!

    Neil

Viewing 6 replies - 1 through 6 (of 6 total)
  • Author
    Replies
  • Rod Hall
    Participant
    Post count: 294
    Pro

    I would go with what the deed says and put it on an attachment. Then it’s easy to change if necessary.

    Kyria Baker
    Participant
    Post count: 138

    Go to Deeds.com to get specific requirements for your county. The basic information is free, and it has been very helpful to me.

    Luke Smith
    Moderator
    Post count: 1263
    ProAdvanced

    Its better to have a more descriptive legal opinion. Lots of them don’t have simple things like the county and state the land is in even if they have the Township Range and section or neighborhood in there. If you look at the American Bar on this kind of stuff they require you to have the full legal description as part of passing the bar exam they feel so strongly about this topic. I have been adding the county and state to most all of mine.

    Yours having the neighborhood and lot number on such and such page is fine i’d just add the county and state on the end.

    Other problem that came up for me on this topic is that the county wanted me to reference a new map not the old one that was on the old deed I was using. You might want to check the maps. Rare problem.

    Neil H
    Participant
    Post count: 139
    Pro

    Thanks, everyone.

    It looks like Colorado law states that the street address and/or APN (schedule #) can be added immediately before or after the legal description. The current owners originally purchased the land in 1981 and then transferred it to their LLC in 2016. At that point, they copied the description from the 1981 deed and it was accepted — so, I think it’s best to go with that and simply add the schedule # (and maybe the county and state as Luke suggested).

    Thanks again.

    Neil H
    Participant
    Post count: 139
    Pro

    Ok, so I wanted to follow up now that the deed has been successfully filed with the county (without initial rejection).

    I went ahead and purchased a deed from deeds.com mainly because I needed space for two signers. Within the deed template was an area that allowed me to reference the previous deed under Source of title:, that went something like this: Being the same property conveyed by warranty deed from xxx to xxx recorded on [date] under instrument #xxx and whose description was given as [past property description]. I added that last part (…whose description was given as).

    This way, I felt confident in using the county’s legal description (for the first time in the chain of title) since key identifying details from the vesting deed were present, including instrument (filing) number, past filing date, and past property description.

    I can’t imagine any future title company balking or wondering if this is the same property as before (but then again…).

    I also e-filed with Simplifile which was easy and greatly satisfying since I didn’t have to deal with the post office or calculate the fee amount and write a check. Simplifile calculates the exact amount required and pulls it from your checking account to transfer to the county once successfully filed.

    Darald (@AggieLand)
    Participant
    Post count: 175
    Pro

    @neilhohmann thanks for the reply with additional details.

Viewing 6 replies - 1 through 6 (of 6 total)

You must be logged in to reply to this topic.