A Key West real estate agent is listing a historic property where the original survey monuments have been destroyed by hurricanes. The current survey references "the former location of an iron pipe, now destroyed, as shown on the 1952 survey by Johnson & Associates." Is this an adequate legal description?
Correct Answer
B) Yes, if the referenced survey is properly recorded
Yes, if the referenced survey is properly recorded is correct because legal descriptions can reference destroyed monuments if their locations are clearly established in recorded surveys. The physical existence of the monument isn't required if its location is documented. A new survey isn't mandatory if the old location is clearly established in records. The age of the property doesn't determine the validity of referencing recorded surveys.
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