Calling on Scriveners!
According to Wattles, 4.5-4.7, under the heading "Basis of Bearings", he describes how to use a record ref. bearing when traversing a document rotated from the basis of the referenced record document.
Below is how I think Wattles wants this described.
My B.O.B is based on E 123 OR 456 and the Tract Map is rotated.
; thence along the southeasterly line of said deed (E 123 OR 456) N 50°36’ 02†E, 9.73 feet to the most easterly corner of Lot 15, as said Lot 15 is shown on that certain map entitled “Tract No. 1234 Happy Acresâ€, recorded April 19, 2005 in Book 123 of Maps, Page 4, Official Records of said county; thence along the southeasterly prolongation of the northeasterly line of said Lot 15 (123 M 4), S 38° 18’ 11†E, 44.66 feet (shown as N 38° 32’ 02†W on said Tract Map (123 M 4)); thence…….
My question is… Is this a possible double call?
If so why?
If not, why?
Isn’t this just as good or better?
; thence along the southeasterly line of said deed (E 123 OR 456) N 50°36’ 02†E, 9.73 feet to the most easterly corner of Lot 15, as said Lot 15 is shown on that certain map entitled “Tract No. 1234 Happy Acresâ€, recorded April 19, 2005 in Book 123 of Maps, Page 4, Official Records of said county; thence along the southeasterly prolongation of the northeasterly line of said Lot 15 (123 M 4), S 38° 18’ 11†E, 44.66 feet; thence…….
To me, this say’s hey, go to the se’ly line and push it through, right?
Thank you
Wattles-Basis of Bearings for descriptions
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RasterMaster
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dmi
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Consideration ought to be given ,when writing a legal description, as to the manner that is to be employed in the retracement of the description. Some folks think its just a bunch of whence and thences and Bob's your uncle and you are done.
Careful consideration needs to be given to each of elements of each course in the description and what controls each of these elements. A course is comprised of ,beginning, direction,distance,ending and contoling calls for the course,sely line of smith for example.
Calling to the most easterly corner of lot 15 does no have the same effect as calling to a point on the easterly line of lot 15.
The Wattle's description indicates the lines in his example description are the result of a survey and that he wants to hold the basis of bearings he is using in his survey and than when you get to the most easterly corner of lot 15, you do not change basis of bearing, but proceed along the prolongation using his surveyed angle (bearing in his description).
The description does not have a double call for the reason described above.
Your attempt to improve on the description is NOT better. It is a different description. Without knowing what you are trying to accompish the description, I cannot determine if you succeeded or not.
Your statement about going to the se'ly line and push it through is not correct. The description calls to a corner not the se'ly line.
Actually, I have some problems with this description example because the bearing for the 44.66 course is going to be controled by the evidence used to establish the lot line for lot 15 and then the se'ly prolongation based upon that evidence.
Careful consideration needs to be given to each of elements of each course in the description and what controls each of these elements. A course is comprised of ,beginning, direction,distance,ending and contoling calls for the course,sely line of smith for example.
Calling to the most easterly corner of lot 15 does no have the same effect as calling to a point on the easterly line of lot 15.
The Wattle's description indicates the lines in his example description are the result of a survey and that he wants to hold the basis of bearings he is using in his survey and than when you get to the most easterly corner of lot 15, you do not change basis of bearing, but proceed along the prolongation using his surveyed angle (bearing in his description).
The description does not have a double call for the reason described above.
Your attempt to improve on the description is NOT better. It is a different description. Without knowing what you are trying to accompish the description, I cannot determine if you succeeded or not.
Your statement about going to the se'ly line and push it through is not correct. The description calls to a corner not the se'ly line.
Actually, I have some problems with this description example because the bearing for the 44.66 course is going to be controled by the evidence used to establish the lot line for lot 15 and then the se'ly prolongation based upon that evidence.
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Ian Wilson
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No. It’s not a double call. The deed writer is using a particular bearing for the southeasterly prolongation of the northeasterly line. The writer also points out that a certain map shows this same line with a different bearing. Nothing “double” about it.
If a house is painted yellow and has a green front door, you might refer to it as the yellow house. I might further define it as the yellow house with the green door. My mention of the door color does not negate the description nor does it contradict your description of the house.
As Dane mentioned, the northwesterly terminus of the prolongation is not just anywhere on the northeasterly line of the parcel it is at the precise point location of the most easterly corner of Lot 15 and no other place in the world.
One of the best “tools” to use in deciphering “wonderful” descriptions is Occam’s Razor (of two competing theories or explanations, all other things being equal, the simpler one is to be preferred). By that, I mean that the description should be read with the idea in mind that the writer is not trying to deceive anyone and that they are actually trying to get the job done, no matter how poorly we think they did.
If there’s more verbiage than necessary, read the description again without the unnecessary wording.
In this case, the additional information was likely to make the description seem more important. The additional wording can be treated as an adjective clause; it adds only fluff and no substance to the description. It can be disregarded without affecting the description.
Of course, the writer may have been paid by the word!
If a house is painted yellow and has a green front door, you might refer to it as the yellow house. I might further define it as the yellow house with the green door. My mention of the door color does not negate the description nor does it contradict your description of the house.
As Dane mentioned, the northwesterly terminus of the prolongation is not just anywhere on the northeasterly line of the parcel it is at the precise point location of the most easterly corner of Lot 15 and no other place in the world.
One of the best “tools” to use in deciphering “wonderful” descriptions is Occam’s Razor (of two competing theories or explanations, all other things being equal, the simpler one is to be preferred). By that, I mean that the description should be read with the idea in mind that the writer is not trying to deceive anyone and that they are actually trying to get the job done, no matter how poorly we think they did.
If there’s more verbiage than necessary, read the description again without the unnecessary wording.
In this case, the additional information was likely to make the description seem more important. The additional wording can be treated as an adjective clause; it adds only fluff and no substance to the description. It can be disregarded without affecting the description.
Of course, the writer may have been paid by the word!
Ian Wilson, P.L.S. (CA / NV / CO)
Alameda County Surveyor
Alameda County Surveyor
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goodgps
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WHat Wattles is conferring is/may be out of date.
With the advent of computors, "deeds" can be entered into cad and rotated to a chosen basis of bearings.
prior to this cad, it would've only been necessary for a scrivener to simply calculate one "back bearing" when he changed from one basis to another.
for instance going S 89*30'30"W along a line to a point on another recorded document, thence N 00*14'12"E along the east line of said document, said bearing now being the basis of bearings, the back bearing of the previous line now being N89*15'30"E; thence . . .
The user now Knows there is a 15 min shift in basis.
This method of description was very effective for compass or compass-transit layout. The compass scale could be adjusted to accomodate the new basis.
"good"
With the advent of computors, "deeds" can be entered into cad and rotated to a chosen basis of bearings.
prior to this cad, it would've only been necessary for a scrivener to simply calculate one "back bearing" when he changed from one basis to another.
for instance going S 89*30'30"W along a line to a point on another recorded document, thence N 00*14'12"E along the east line of said document, said bearing now being the basis of bearings, the back bearing of the previous line now being N89*15'30"E; thence . . .
The user now Knows there is a 15 min shift in basis.
This method of description was very effective for compass or compass-transit layout. The compass scale could be adjusted to accomodate the new basis.
"good"
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RAM
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RasterMaster
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