Original Deed Vs. Current Deed

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Comments (2)

Joe in Tyrone, Pennsylvania

28 months ago

I purchased a property. I've since traced the deed back to the original purchase warrant in Pennsylvania. My property is the residue of that original warrant. There is an interior lot which was carved out of the original in 1875. It lists the acreage as 50 and states the lengths (65 rods by 130 rods) and bearings of the property lines. This interior property was in the hands of a single family until the 1970s. Recent deeds list the lengths of two sides to be virtually the same as the original deed. But the other two sides of the parallelogram are now (when compared to the original deed) approximately 100 feet longer. This 100 feet adds up to more than 2 acres out of my property. Is there a legal resolution to this, or is there nothing that can be done because I bought the property under the more recent deed?

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Mike in Irvine, California

23 months ago

it all depends on the deed wording. Many deeds have an omnibus clause which states that you purchased not only the land described but any interest in any other adjoing lands owned by the predecessor. This keeps the chain of title clean. Many dees read to monuments or roads which are physical points on the ground. These hold prcedent over the metes and bounds of the deed description. If you deed limits you to only the described property and that leaves a gap between you and your neighbor it could be that the estate of the 1875 owner could still own this portion of the land. I have had cases where we had to get title gaps cleared by the estate of King George!! No joke. Surveying is a precise business. Deed and leagal description writing is a very sloppy business...indeed!

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