Abstract

http://ssrn.com/abstract=1508874
 


 



Land Description Errors: Recognition, Avoidance, and Consequences


John C. Peck


University of Kansas - School of Law

Christopher L. Steadham


University of Kansas School of Law Wheat Law Library

November 18, 2009

Journal of the Kansas Bar Association, Vol. 78, No. 20, September 2009

Abstract:     
Legal descriptions of land are used in many legal documents, including contracts, deeds, mortgages, and others. The article first describes several commonly used description methods, including the metes and bounds, U.S. Government Survey, plat reference, and surveyor's or angular description. A suggested method of drawing descriptions is provided. Many types of errors can occur in legal descriptions. Errors can be made because the description is too informal, is ambiguous, or contains mistakes in numbers. Sometimes errors are made when the description is valid in and of itself, but is not the one intended by the parties. Courts have devised canons and aids in construction of land descriptions that contain patent or latent errors. When errors are made, several parties may be adversely affected, including buyers and sellers, mortgagors and mortgagees, lawyers, and land surveyors. For lawyers, errors can implicate both legal and professional ethics violations. Surveyors may be liable in malpractice. The article concludes with some suggestions on methods to avoid making errors in land descriptions.

Number of Pages in PDF File: 15

Keywords: land, real estate, legal description, metes and bounds, U.S. Government Survey, section, township, range, reference point, surveyor's or angular description, plat reference, errors, consequences of errors, malpractice, code of professional responsibility, deed, contract, mortgage, legal notice

JEL Classification: K11, K13

Accepted Paper Series


Download This Paper

Date posted: December 10, 2009  

Suggested Citation

Peck, John C. and Steadham, Christopher L., Land Description Errors: Recognition, Avoidance, and Consequences (November 18, 2009). Journal of the Kansas Bar Association, Vol. 78, No. 20, September 2009. Available at SSRN: http://ssrn.com/abstract=1508874

Contact Information

John C. Peck (Contact Author)
University of Kansas - School of Law ( email )
Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States
Christopher L. Steadham
University of Kansas School of Law Wheat Law Library ( email )
Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States
HOME PAGE: http://www.law.ku.edu
Feedback to SSRN


Paper statistics
Abstract Views: 557
Downloads: 102
Download Rank: 153,131

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.422 seconds