A Sarasota real estate agent discovers that a property's legal description in the deed differs from the description in the survey. The deed describes the property using an old metes and bounds description, while the survey shows it as part of a newly recorded subdivision plat. Which description should be used for the sales contract?
Correct Answer
A) The metes and bounds description from the deed
The metes and bounds description from the deed is correct because the deed represents the actual legal title and ownership boundaries. The survey's subdivision description may not reflect the actual legal ownership if the property hasn't been formally subdivided and conveyed. The descriptions are not legally equivalent if they describe different boundaries. Using a combination would create confusion and potential legal issues.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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