Real Estate and Land Use

Just Where is this “North” Place Anyway? Understanding Deed Directional Descriptions

Deeds often contain directional descriptions. The deed might say that one boundary line of the property runs “north 57 degrees 5 minutes west 100 feet”. That means that the particular boundary line of the property is 100 feet long and it goes in a north-westerly direction by the degrees so described.  If you check the...
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The Right to Partition: This Land Is Your Land, This Land is My Land….

When a co-owner of real estate decides they want to segregate their interest in the property, to the objection of the other owner(s), practical and legal issues quickly arise. So what remedy does one have to withdraw from co-ownership of real estate? The law provides a person may withdraw from marriage by divorce, or from business...
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Revised Standards for Land Title Surveys For 2016

The National Society of Surveyors (NSPS) and the American Land Title Association (ALTA) have substantially revised the Minimum Standard Detail Requirement for ALTA/NSPS Land Title Surveys, which are effective February 23, 2016 (revising the 2011 existing version). The existing Standard and its revision are designed to fulfill the unique needs of the title insurance industry...
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Does Your Mortgage Really Have Priority?

If you record a mortgage affecting land with the local county land recording office, that gives you priority over someone filing another mortgage after yours, correct? Well, not necessarily. I’m not saying don’t record. Always record. But that doesn’t necessarily mean that you’ve been protected. A recent example of how this can happen arises in the...
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