Legal Question in Real Estate Law in New Jersey
Lot and Block vs LEGAL DESCRIPTION precedent
On my deed it has the correct Lot and Block #'s
but the wrong Legal Descriptions.
This was sold to me from the Township I live in.
What takes precedent on this deed or would I own both?
Please rank what takes precedent over the other
on deeds.
(). Lot and Block
(). Being Known As
(). Legal Descriptions
(). Address of property
or
{}. All the Above.
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My question is the Lot and Block and Being Known As are not the same.
The Tax Map Block and Lot states: Block 555, Lot 1
The Being Known As states: Lot, 2, 3, 4, 5, and 6. ''No Block is stated here, just lots''
Would this deed legally be conveying title to all the lots?
Thanks
Dave M.
2 Answers from Attorneys
Re: Lot and Block vs LEGAL DESCRIPTION precedent
A Corrective deed might have to be filed if there is an actual mistake. However, it doesn't sound like one. There is always a difference between the taxmap and other maps. My house has one lot number issued for identification purposes, but in the legal descriptions refers to multiple lots from the original town map. You should consult a lawyer or title company, or even get a new survey and see how their legal description looks. Good luck.
Re: Lot and Block vs LEGAL DESCRIPTION precedent
LEGAL DISCRIPTION USUALLY CONTROL, AS LOT AND BLOCK CAN CHANGE AS TAX MAPS ARE REVISED. I RECOMMEND GETTING A CORRECTIVE DEED WITH BOTH THE LOT/BLOCK AND LEGAL DESCRIPTION BEING CORRECT. IF THE DESCRIPTION IS FROM A PRIOR DEED, MANY THINGS COULD HAVE HAPPENED TO CHANGE IT (E.G., A SUBDIVISION OR A STREET ABANDONED ADDING TO THE PROPERTY SIZE). PERHAPS YOU SHOULD HAVE THE LAND SURVEYED TO GET THE CORRECT INFORMATION TO INCLUDE IN THE CORRECTIVE DEED. THE TOWN, SINCE THE DESCRIPTION IS INCORRECT, MAY CONTRIBUTE TO ITS COST. IF YOU PAID FOR THE PROPERTY, YOUR TITLE COMPANY SHOULD ALSO BE ADVISED OF THE INCORRECT INFORMATION AND MAY SUGGEST HOW TO CORRECT IT.