Tuesday, May 10, 2011

Legal Descriptions

I am going to complain and state facts.

First anyone that does not grasp the English language and how it works should never be allowed to write a legal description and an LS that allows one of their workers that neither grasps nor has the experience should be slapped.

I was reading a legal description yesterday that was written by an experienced LS. The particular description was written in such a complicated and redundant manner that I immediately recognized that this person lacks the ability to portray a description in a simple manner due to the lack of knowledge in the mechanics of the English language and an obvious lack of confidence that anyone other than themselves will be able to interpret the intention. (Long winded and gratuitous!!!)

To this I say what the hell man??? Have you ever heard of Wattles? If you read this blog and have never heard of Gurdon H. Wattles and you think that you know how to write a description, you are seriously mistaken. Immediately run out and purchase a copy of his book and do not write another description until you have read the entire thing front to back.

Now to the LS that let's an employee write a description without a fundamental understanding of descriptions and the English language.
I want you to fire yourself right away. You obviously lack common sense.

A little story about a case just like this. A year or so back I received a project in which a whole bunch of descriptions had been written for several parcels for a land division.
The LS being an obvious genius allowed a cad tech to write these descriptions in a metes and bounds format. Oh wait, I mean a metes format (or something) because there was not a call 1 in any of them while they are all surrounded by existing parcels.
Now the real good part of this is that he wrote all of these course descriptions in a grid format having calculated his section from a GDAC plat and never bothered to apply a scale factor.

Needles to say that this changed all of the square footage and dimensions of every parcel when I fix it.

When I called the LS, I was unable to reach him, however the tech did argue with me and tell me that I was wrong. Once again I say what the hell man??

I am a firm believer than one needs to know English very well if they are to be an LS or write descriptions.

I think an English class should be a required part of the curriculum in a survey program and now that CEU's are knocking on the door should be offered to all of us experienced people.

My biggest problem is that I have probably forgotton more about the basics over the years than I remember. My hand writting is terrible to.

1 comment:

  1. Funny thing about legal descriptions. There are some that think a simple legal is one that is all metes. Others think the simplest is all bounds. Personally I like to call out as much record document data as possible. This does 2 things. First it kills any arguments with expert measures/cogo commandos. Second it give the lay-person a clear picture of intent. I have found, in the court room, that this method is also preferred by the court and attorneys. A clear intent trumps measurements anyday. Here is a good tweek for the realtors and cogo-ites; write a legal that meets the ABMS without using any bearings an distances.....

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