Legal Question in Real Estate Law in Louisiana
Legal property description
Found a recorded deed property description that has no boundaries:
''From said starting point run South 0 degrees 10 minutes West along said XX Street for a distance of 50 feet; thence runs South 85 degrees 00 minutes East for a distance of 50 feet; thence run North 85 degrees 00 minutes West for a distance of 125 feet to the point of beginning;''
This description makes an upside-down ''T''.
I've read info on caes where property lines where determined, but never did such a case contain such a description as this.
As such, how could this property description be corrected and what are the legal ramifications of the current description being as such?
2 Answers from Attorneys
Re: Legal property description
Hire a surveyor to survey the property and that will solve your problem.
Re: Legal property description
A California lawyer (such as myself) should not be second-guessing an LA lawyer on laws as different from every other state's as Louisiana's French-based system. However, I can't resist wondering if a survey is the right approach. Surveyors cannot survey "the property" unless they know where it is. In other words, surveyors start with the deed and then go out and put stakes in the ground to show in the real world what the deed describes. They can also do the reverse - write up a "legal" description of something existing in the real world. such as a driveway or an enclosed field or the railroad from A to B, but such a description has little or no legal use or validity to establish ownership.
Instead, maybe it would be more useful to have a title search done of the parish records, to see if older deeds to the same property contained a more complete description. It's rather likely that someone copying the legal description from an older deed to a newer one has left out a clause, line or sentence. If so, then a simple action to correct the error could presumably be brought in a local court. In a common-law state such as the other 49, this would be an action to "reform" an instrument, i.e., to correct the faulty deed, but under Louisiana's civil law system, it probably has another name.