Pub. 12 2017 Issue 1

www.ucls.org 36 Issue 1 2017 / UCLS Foresights • ACCURACY – REALLY? • INTENT OF THE DESCRIPTION Consider the intent of the following three descriptions: 1. Beginning at the southwest corner of said parcel; thence North 100 feet; thence East 150 feet; thence South 100 feet; thence West 150 feet to the point of Beginning 2. Beginning at the southwest corner of said parcel; thence North 100 feet along the west boundary line of said parcel to an existing fence line; thence East 150 feet along said existing fence line to the west right of way line of Main Street; thence South 100 feet along said right of way line to a rebar and cap stamped 223311; thence West 150 feet along the south line of said parcel to the point of Beginning 3. Beginning at the southwest corner of said parcel; thence N. 24°15’ E. 126.9 feet to the northeasterly boundary of said entire tract and south line of said Section 10; thence N. 0°05’30” W. 521.75 feet along the east boundary of said entire tract, east line of said Section 10, and the west boundary of the Joe Timmons parcel as defined by an existing chain link fence line;… Each of the above three description refer to the same parcel of land. However, the language used, and/or not used, introduce ques - tions and inconsistencies. The intent of the description is not obvious and therefore boundary conflicts are created. Oftentimes it is us “surveyors” who create the boundary problems. • OWNERSHIP Utah Code 58-22-602 (3) requires the surveyor to sign and seal the descriptions they prepare. Oftentimes, the description is inserted into a package of documents that may, or may not be under his/her control. Unfortunately, descriptions can be digitally replicated, altered, and amended without the knowledge of the surveyor. Therefore, appropriate measures should be taken to document the information that was submitted. • REFERENCE TO OTHER PLATS Sometimes other parcels are on the same plat - one needs to be certain to identify this parcel by using references on the plat. Common errors arise from incorrect references to prior plats, either by name, by date, or by deed book and page; and from referring to a plat “recorded herewith” which is not….or “recorded therewith” which is not If you cannot find the referenced plat, your description is worthless. If you attach a plat, refer to it in your description. If you attach a plat, make sure it is the right plat. If the recorded plat is clearly readable, consider whether recopying the metes and bounds is a good idea. If you do use both, make sure they match. This means you actually have to read the description and compare it to the plat! Oftentimes, a single page of a multi-paged document may need to be amended. To insure the correct document is in - serted, each page should reference the preparer of the document and the date it was created or revised. Additionally, the inclusion of project numbers, parcel numbers, and company names have proven beneficial.