5.1 When Defective Descriptions Do Not Impair Marketability
Errors, irregularities, and deficiencies in property descriptions in the chain of title do not impair marketability unless, after all circumstances of record are taken into account, a substantial uncertainty exists as to the land which was conveyed or intended to be conveyed, or the description falls beneath the minimum requirements of sufficiency and definiteness which is essential to an effective conveyance. Lapse of time, subsequent conveyances, the manifest or typographical nature of errors or omissions, accepted rules of construction, and other considerations should be relief upon to approve marginally sufficient or questionable descriptions.
Comment: It is good practice to state the source of title as part of the legal description. A suggested form for this statement would be as follows; “being all of the property obtained by Grantor herein under Warranty Deed dated _________, recorded _________, in Book _____, Page _____, _____________ County, Records.” It is also good practice to record, where possible, all surveys which are used to describe the property. If this is not possible for whatever reason, including failure to comply with the survey statute, (see Standard 26.2, infra), it is highly desirable that the description refer to the plat as fully as possible, i.e., Lot 5, Block “A,” Blackacre Subdivision, Property of Tom Smith, Blank City, Any County, Georgia as prepared by John Doe on _____________ (date) which is unrecorded, so that further inquiry can be made.
Discrepancies between a current survey and the record description whereby perimeter distances reflected by the survey are less than the recorded description do not customarily require any curative steps, provided that all lines are within the bounds of the prior legal description. The new description in accordance with the current survey should contain a reference to the source of title, as suggested above, along with proper reference to the new survey, which should be recorded either as an exhibit to the deed of conveyance or as an independently recorded plant in the Plat Book.
Discrepancies between a current survey and the record description whereby the survey reflects the lengths of one or more perimeter descriptions to be greater than the recorded counterpart, where the extremities of the boundary are not marked by existing monuments, should be addressed by properly-executed boundary-line agreement(s) with the adjoining neighbor(s) whose property(ies) might be affected by the increased measurement(s). The boundary-line agreement should contain the current survey as an Exhibit or the survey should be recorded in the Plat Book and appropriate reference to it should be made in the boundaryline agreement. Instead of a boundary-line agreement a corrective deed into the present owner may be sufficient to cure this matter, depending upon the particular facts.