A Coral Gables real estate attorney discovers that a luxury waterfront property has been described in multiple deeds using different legal descriptions over the years. The original 1960 deed uses metes and bounds, the 1985 deed references a subdivision plat, and the current 2020 deed combines both methods. Which description controls for determining the actual property boundaries?
Correct Answer
D) A new survey must be conducted to resolve conflicts
A new survey must be conducted to resolve conflicts is correct because when multiple conflicting legal descriptions exist in the chain of title, a professional survey is needed to determine the actual boundaries and resolve discrepancies. The original description doesn't automatically control if subsequent valid conveyances used different descriptions. The subdivision plat description alone may not account for all property boundaries. The combined description may contain internal conflicts requiring professional resolution.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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