TONY NETTLEMAN, Instructor
www.cnettleman.net charles.nettleman@gmail.com
A DEED CONVEYS……
REAL PROPERTY RIGHTS
Timber Water Flowage
Possession Mineral
Ingress Egress
Air Water Use
Sub Surface Use Surface Use
Soil Other: Wind?
UNINTENDED CONSEQUENCES
KEEP OUT: THE WATER’S FINE, BUT PRIVATE!
In the Hudson Valley, two groups
are demanding access to swimming
holes this summer. Members of
SWIM (Swim Without Interference at
Minnewaska) oppose park rules that
confine swimmers to a tiny roped-off
section of the state-owned Lake
Minnewaska, about 10 miles west of
New Paltz. They have collected 1,500
petition signatures to open up the
lake, and they protested last month
at Minnewaska
STATUTE OF FRAUDS OVERVIEW
THE STATUTE REQUIRES THAT IN ORDER TO
HAVE A CAUSE OF ACTION, ONE MUST HAVE
A WRITTEN DOCUMENT
EXAMPLES INCLUDE:
• Promises of marriage
• Responsible for another’s debt
• Sale of any good over $500.00
• Employment contract over one year
• Sale of any real property
WHAT PURPOSES DO DEEDS &
DESCRIPTIONS SERVE?
• To identify unequivocally one and only one unique parcel of land
for conveyances
• Identification for legal documents - courts and legal profession
• Identification for retracement of boundaries
• Identification for cadastral/taxation purposes
• Other corollary purposes-mail, address, GIS
• To locate and identify encumbrances/easements
• To give to the designated driver when you have a .32 alcohol
content a way to get you home
TYPES OF DEED DESCRIPTIONS
1. METES & BOUND
• Strict Metes
• Strict Bounds
2. ALIQUOT PARTS
• Rectangular (U.S. GLO); Some States
• Created By Statute
• Created By Common Law
3. ADJOINERS
• Area
• Combination
• Strip
• Street Address

Deeds and Descriptions

  • 1.
  • 2.
    A DEED CONVEYS…… REALPROPERTY RIGHTS Timber Water Flowage Possession Mineral Ingress Egress Air Water Use Sub Surface Use Surface Use Soil Other: Wind?
  • 3.
    UNINTENDED CONSEQUENCES KEEP OUT:THE WATER’S FINE, BUT PRIVATE! In the Hudson Valley, two groups are demanding access to swimming holes this summer. Members of SWIM (Swim Without Interference at Minnewaska) oppose park rules that confine swimmers to a tiny roped-off section of the state-owned Lake Minnewaska, about 10 miles west of New Paltz. They have collected 1,500 petition signatures to open up the lake, and they protested last month at Minnewaska
  • 4.
    STATUTE OF FRAUDSOVERVIEW THE STATUTE REQUIRES THAT IN ORDER TO HAVE A CAUSE OF ACTION, ONE MUST HAVE A WRITTEN DOCUMENT EXAMPLES INCLUDE: • Promises of marriage • Responsible for another’s debt • Sale of any good over $500.00 • Employment contract over one year • Sale of any real property
  • 5.
    WHAT PURPOSES DODEEDS & DESCRIPTIONS SERVE? • To identify unequivocally one and only one unique parcel of land for conveyances • Identification for legal documents - courts and legal profession • Identification for retracement of boundaries • Identification for cadastral/taxation purposes • Other corollary purposes-mail, address, GIS • To locate and identify encumbrances/easements • To give to the designated driver when you have a .32 alcohol content a way to get you home
  • 6.
    TYPES OF DEEDDESCRIPTIONS 1. METES & BOUND • Strict Metes • Strict Bounds 2. ALIQUOT PARTS • Rectangular (U.S. GLO); Some States • Created By Statute • Created By Common Law 3. ADJOINERS • Area • Combination • Strip • Street Address