Hey, My Maine Real Estate Land Deed Does Not Include Out Parcels?

By
Real Estate Agent with MOOERS REALTY ME Broker License 106759

It happens a lot in the legalese of deed drafting on Maine land parcels.

maine river canoers photoThe out parcels, the smaller properties that were broken off the larger acreage as time happens.

Through the years the four hundred acres becomes thirty two and studying the deeds to the Maine land is something we have done for thirty three years. To watch the whittling down from big to smaller parcels.

To see what is left today and not just relying on a tax map which clearly states in the lower left hand corner of the large pages.

That "this Maine land tax map is not legal for conveyances". But often in rural areas, is the only "map" you have.

I really appreciate real estate closings in Maine where the lawyer does not just say "checked the title, you are good to go. It's squeaky clean".

Then here is my legal bill for services. Slide across the conference room table for review. Whoa, don't want to be up the creek without that paddle. Comforting news about the title itself and the pedigree review, opinion. But show me what you found over the last forty or more land title search years. In black and white.

What happened on record at the registry of deeds where the Maine land is recorded?

And all the other out parcels, right of way easements to the lots that were sold or conveyed out to someone else. Somaine river race canoe photo everyone knows today what do we own today, in the here and now of where we all stand surrounding the Maine land.

And to spell out that the description is weak or vague or the the noting that the legal description does not "close".

Or the come together connection does not happen because a compass bearing is wrong.

The legal secretary made a scriveners error. Mistyped or the dictation was by mistake reciting  the wrong call in the metes and bounds description.

So as you sketch the shape, the beginning is not the same point where you end up after all the twists and turns of the property that is anything but a square, rectangle simple. As you read the deed land description.

More and more the land in Maine deed legal descriptions are farmed out to a surveyor to tidy up because some are loose as a goose.

When the small Maine land parcel of an acre or two was traded for two pigs and a chicken.

Or a long ago public school house lot, etc was removed from use. Tax acquired properties with title issues and just not worth spending beacoup dollars on to tighten up and fix are the biggest time consumer in Maine land sales. To explain why this small parcel is not spelled out in the deed to the Maine land around it. Because in the description there are numerous references to earlier deeds where it is defined.

The question of how come this or that piece is not described in my Miane land deed is because of space.

andrew mooers houlton maine photoRecording fees. And it is easier to refer to the earlier sale of Maine land that happened years ago by deed reference. Because if thirty seven out parcels, conveyances happened, it is going to be much prettier, less confusing to one by one refer to those individual transfers. If the deeds to them were recorded and it is known they are a lot of record that was defined, conveyed out earlier.

Often a Maine land survey of what do we have now as the dust settles is one easy exhibit "A" for the deed to refer to, and to have hanging in the registry of deeds for all to see. In mylar copy that will last, endure and avoid confusion later on over what do I own or not have title too. And refered to as surveyed lot 35 with all the distances and compass bearings of the Maine land spelled out in map form. With notations on posts found or rods set to define the corners. No matter how many there are.

Find a Maine land lawyer or title company that spreads all the deeds out on the table, that takes the time to one by one sketch the sales and with the reference number deed book and page "maps" it out. So you can see the remaining property left you thought you were buying. To enjoy for years to come. Pass on to your kids.

Maine, big state, come walk your favorite part of it.

I'm Maine REALTOR Andrew Mooers, ME Broker

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Rainmaker
3,246,635
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Andrew

Very informative post thanks for sharing your thoughts.

Good luck and success.

Lou Ludwig

Sep 13, 2013 09:38 AM #1
Ambassador
1,952,334
Michelle Carr Crowe,Altas Just Call...408-252-8900!
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

Every person brings unique knowledge to the field of real estate, obviously you specialize in Maine land.

Sep 13, 2013 02:48 PM #2
Rainmaker
4,796,551
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I'm sure that some of these title searches can get quite involved and often find some issues that will need to be addressed.  Great points, Andrew.

Sep 13, 2013 09:33 PM #3
Rainmaker
1,935,438
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

L times two ... You are welcome.

MCC ... Land is everywhere around the real estate type of listings we sell for sure in Maine.

Gabe ... the title behind the property, the places you can not see, know about tramping the land in Maine means check the pedigree. Search for flaws in the Maine land title.

 

Sep 14, 2013 01:48 AM #4
Ambassador
1,552,831
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Andrew  Your report is really well done and outlines the need for an in-depth title search.  We still have the problem in an area we know as the Rural Crescent -  land removed from development potential

Sep 14, 2013 08:31 AM #5
Ambassador
1,952,334
Michelle Carr Crowe,Altas Just Call...408-252-8900!
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

All I can say is I'm glad you are doing this job and not me. That is a lot of research and double-checking needed.

Sep 14, 2013 10:40 AM #6
Rainmaker
1,935,438
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

K times 2 ... restrictive happens more and more as the people in an area increase. Layers of rules, regulations, laws.

MCC ... Has to be done to make sure the title is scrubbed squeaky clean.

Sep 14, 2013 09:47 PM #7
Rainmaker
1,782,248
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in North Kingstown RI and beyond

Very Interesting Andy, we don't have this problem here but I can see where using a Maine realtor in the know such as yourself is a must to ensure what one is buying is researched well.

Sep 14, 2013 10:43 PM #8
Rainmaker
1,935,438
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Ginny ... The little properties with black and blue, beat up titles still get sold. Owner financed, bought for song and by groups of sportsmen who spread the risk, worry. Because so little invested and some title's better to let a sleeping dog lie.

Sep 15, 2013 12:29 AM #9
Rainmaker
722,050
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Andrew, You make the complicated sound, well, rather challenging. It's good to have experts handling the details.

Sep 18, 2013 03:57 AM #10
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Rainmaker
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Andrew Mooers | 207.532.6573

Northern Maine Real Estate-Aroostook County Broker
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