Many times, a property description will describe a tract with errors such as an incorrect distance, conflicting acreage recitals, or bearings that describe a tract which does not have a closed shape when plotted on a map. It is important to note that any referenced instrument must be in existence at the time of the conveyance, or the description will fail.ĭefects or Conflicts Within a Description:
The important thing to remember is that when a tract is described by referencing an unrecorded document, that extrinsic evidence is required to prove what the tract conveyed was at the time of the Deed. Great care must be taken in relying on any such Deeds, as unrecorded documents change, are lost, or may not accurately reflect a tract of land. Additionally, Deeds conveying property described as “my property” (such as “my farm in Reeves County”) have been found to be sufficient if extrinsic evidence shows that the Grantor only owned one tract of land meeting the description of property.Ī Deed that conveys a tract by referencing an unrecorded document, such as an appraisal district tract plat, must take into account what the unrecorded document depicted at the time of the conveyance. The need for a pages long property description can be avoided by “reference to a prior deed” however, if the property description being referenced is defective, then so is any subsequent deed that relies on it.Ī conveyance of “all right, title and interest” in a County, or the State of Texas, is a valid legal description as of the date of the Deed. In practice, a valid property description can come in many forms. A Deed that fails to describe a definite tract of land is void. In some cases, this legal description can be stated very simply: “Lot 4, Block 8, Mineral Heights, City of Midland, Midland County, Texas.” However, large un-platted tracts of land usually require much more information to identify the specific tract being conveyed. A property description is valid if it furnishes within itself, or by referencing another existing writing, a way to identify the land being conveyed with reasonable certainty. The purpose of a legal description is to give enough information for a person familiar with the area to identify the specific tract of land.
Service Description means pre-defined descriptions of services found at current as of the effective date of the Order Form which in conjunction with a Scope Document (if any) defines the Services to be provided and becomes part of the Order Form.Īnnexure means the section in the RFT detailing the specific requirements applicable to the Conditions of Tendering and Contract.Īnnexure F means, if applicable to the Product or the subject matter of this Agreement and read conjunctively with the Contractor’s obligations in terms of the Consumer Protection Act, the express warranties provided by the Contractor in relation to the Product.What is the difference between a lengthy metes and bounds property description, and a simple reference to a prior deed filed of record? Why does one property description take two pages, describing the length of each boundary, while other property descriptions are only one sentence long? Is one description more or less valid? The answer relates to back to the purpose of a legal description under Texas law. Job description means a written specification of the function of a position, duties and responsibilities, the extent and limits of authority, and work relationships within and outside the school and school district.Īnnexure E means, if applicable in terms of the scope of work, the Contractor’s Project Plan delivered to JOBURG MARKET within the time specified therefore.
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