How Do I Resolve Conflicting Property Descriptions in a Deed and Plat Map
Full Question:
Answer:
In the event of a conflict in a deed or descriptions derived from a deed between a specific metes and bounds description and a reference to a lot as shown on a filed map, in determining the amount of property conveyed in the transfer, the map reference typically controls. In some cases, it is necessary to hire a surveyor when there are conflicting descriptions.
For further discussion, please see:
http://www.tsc.state.tn.us/opinions/tca/PDF/032/JonesRA.pdf
Please see the follwing TN statutes:
66-24-120. Development and sale of real property for residential or
commercial purposes in a manner exempt from municipal or county
subdivision regulations — Required recording of boundary survey — Failure
to comply.
(a) If any person develops real property for residential or commercial
purposes in a manner which exempts such development from the
subdivision regulations of any county or municipality and then sells, transfers or
enters into agreements or contracts for the sale of more than two (2)
parcels of real property in such development in any calendar year, then
such person must record a boundary survey showing the proposed
development of the land within thirty (30) days of the sale of the second
such parcel of real property.
(b) Prima facie evidence of such development includes, but is not
limited to, the construction of buildings, the opening of private
driveways or the extension of utility services.
(c) There is hereby created a civil cause of action for failure to
record a boundary survey showing the proposed development of land as
provided in this section for any person who discovers such noncompliance.
A prevailing plaintiff shall be entitled to liquidated damages in an
amount of one hundred dollars ($100) or the cost of obtaining a survey on
such property, whichever is greater, plus reasonable attorneys' fees and
costs.
(d) The provisions of this section shall only apply in counties having
a population of not less than twenty-one thousand five hundred
seventy-five (21,575) nor more than twenty-one thousand six hundred
seventy-five (21,675) according to the 1980 federal census or any
subsequent federal census.
66-24-113. Metropolitan identification map.
(a) Where any metropolitan government, as defined in § 7-1-101, has
adopted an official property identification map which assigns to each
parcel of property a number or other identifying symbol for property
within the area of the metropolitan government, every deed offered for
recording shall show on its face the number or other identifying symbol
of the parcel or parcels, or portions of parcels, being transferred or
conveyed.
(b) The county register shall not record any deed without such number
or symbol appearing thereon, and, if the property is improved, a notation
at the end of the legal description of such property indicating that the
property is improved, followed by the house and/or street number and
post-office address.
(c) An official property identification map for the purpose of this
section is defined to be a property map or maps, prepared by or for the
local government, which identifies all parcels of land, which assigns a
number or other identifying symbol to each parcel, which shows names of
streets and public ways, and which by appropriate and specific reference
thereto has been adopted by the governing body of the metropolitan
government as its official property identification map.
66-24-116. Filing and recording restrictions for maps, plats and
surveys.
(a) It is unlawful for the recorder of deeds of any county or any
proper public authority to file on record any map, plat, survey, or other
document within the definition of land surveying which does not have
impressed thereon, and affixed thereto, the personal signature and seal
of a registered land surveyor, licensed to survey by title 62,
chapter 18, or a registered engineer by whom the map, plat, survey or other
document was prepared; except that any plat, map, survey or other
document covered under this chapter and which was prepared prior to May
7, 1969, may be recorded by the recorder of deeds.
(b) Instruments shall not be accepted for registration unless, in the
opinion of the register to which the instrument is presented for
recording, the map, plat or survey distinctly shows all words and figures
necessary for clear and accurate determination of all metes, bounds,
bearings, calls, easements or other information sought to be shown with
sufficient clarity for reduction and/or reproduction in the register's
office.
(c) However, nothing in this section shall be construed as precluding
the transfer of title nor the recording of any instrument evidencing such
transfer between a willing buyer and a willing seller without survey nor
shall this section preclude the use of an earlier recorded survey.
