Speaker 0:
Hello and welcome to our show what about the law I'm attorney Sean Richardson I practiced law here in Ringgold Georgia focusing most of my private and personal injury litigation hi hello my co hosts attorney Marshall bandy deliver this show to W. A. A. K. radio as a public service attending this plan in late terms Sanderson issues within the law that everyday folks are most likely to encounter sometimes we expand our discussions other professional areas areas that we believe our listeners will find helpful accordingly if you are professionally like to be a guest on our show please call us at seven zero six nine three five two two zero one or email us at what about the law edgy mail dot com likewise if you are a listener and would like us to address a specific topic or issue we also encourage you to call us at seven zero six nine three five two two zero one or email us at what about the law at G. mail dot com.
Speaker 0:
And I think our first topic today's going to be D..
Speaker 1:
E..
Speaker 0:
S. which is interesting topic.
Speaker 0:
What what is all that while you're talking these deeds about meets in bounds.
Speaker 1:
Well there's two or three things there are certain requirements she got I have in Georgia alone John I know you know this a conveyance and any interest in real estate must be in writing so as far as needing properly with a handshake and an oral statement is concerned in Georgia that just doesn't happen you are not going to convey anything with any kind of an oral for what they call the roll contract.
Speaker 1:
So the first requirement is and has been running second is it has to be signed by the grand tower that is the person conveying the property and assuming the grant tore owns the property and then the third requirement is that it must be witnessed that signature must be witnessed by.
Speaker 0:
Two.
Speaker 1:
People one of which has to be a number.
Speaker 1:
So that.
Speaker 1:
AH the.
Speaker 1:
Well there's one other requirements there's lots of requirements but there's one other requirements and that is that the real estate must be accurately describe so that a reasonable person could look at the description of the real estate and know what real estate are talking about.
Speaker 1:
So that you know those are the times the legal technicalities of a D. but there's a little history to all this I'm not going to go back to the king of England and running the.
Speaker 1:
Magna Carta and all that we don't we don't we don't have some back that far but there are some things that we should know in our history.
Speaker 1:
Especially here in north Georgia.
Speaker 1:
And that is that all of north Georgia was divided up into landmarks at the time of the band and being a portion of land in landmark number one seventy nine at cetera so gently rates like this all I try to parse of land lying and being in land lot one one seventy nine the twentieth century third section TransCanada comprising sixty acres and being more particularly described as follows beginning at the intersection of baguette road and point to drive and then moving north toward lake along with the western line of point drive for a distance of a hundred sixty fate and lance from that point north eighty eight degrees thirty seven minutes east for a distance of three hundred and whatever state.
Speaker 1:
That is the way a surveyor would describe properties so the.
Speaker 1:
Anybody could go out there and find that piece of property whether they had a survey a copy of the survey plan or not you would have a beginning point that everyone would recognize the intersection of Bagot road and going to drive out of the and then you would and that description should close it should move in a clockwise direction they don't always they should that's the last thing the normal customary way for catalogs to describe properties and clockwise direction but the point is you begin at one point and you go in a circle and he returned to the point of beginning.
Speaker 1:
So that S. the requirements of the day there are a lot of other little peculiarities in the long haul.
Speaker 0:
Well so the first way near down the property is that it's in this this what this section which takes you to a specific location and then the date starts by finding some kind of monument or something on there and then the descriptions you added is that.
Speaker 1:
That's it.
Speaker 0:
That's the basic process them.
Speaker 1:
But they have there's a little more to this that I think history.
Speaker 0:
Will be interesting to folks.
Speaker 1:
When it was divided up into land lots of sections in districts of the state of Georgia contracted with people that knew something about surviving in the degree of their knowledge of serving as we're still living or some mistakes for example the state of Georgia and the state of.
Speaker 0:
Florida.
Speaker 1:
I'm at a stage.
Speaker 0:
In Tennessee.
Speaker 1:
Have disagreements where the northern boundary line is and we got it wrong.
Speaker 1:
Almost two hundred years ago.
Speaker 0:
A survey got a first.
Speaker 1:
Serve I got an incorrect but we've lived with that and if so.
Speaker 0:
And for listeners who don't understand or have not kept up with this dispute.
Speaker 0:
The original descriptions of where the state line should be would give Georgia access to the Tennessee River essentially.
Speaker 1:
That's right.
Speaker 0:
But the survey that drew the line on a plat move that further south to where George is this does not have access to the Tennessee River and of course this is a very important mostly because of metro Atlanta and their water needs.
Speaker 1:
That's right.
Speaker 0:
Since our surveyors mistake led led to this dispute essentially.
Speaker 1:
Yeah lambat dispute on a bigger scale.
Speaker 0:
Right right right.
Speaker 1:
So anyway the what I was going to get at once obviously we didn't have surveyors when this county first got started to do second takes account of what the state did do was they took post and they put them on all four corners of the land line corners and the Cherokee Indians didn't like that because they were still here when that survey was going on so they very intelligently after that have low fire water might be out of the camp meeting one night they went out and got all of this the posts that were put up by the surveyors and created bond fires all over the state northern Georgia and burn up those landmark corners so when the settlers moved in here they had a time trying to figure out where land lot number one save you not once but.
Speaker 1:
But you five days now that our deeds that have remained in the family for a couple of generations where it says beginning at say a corner of an intersection of two roads which may be differently nine nine for example by get road used to be known as Burma road and Barton drive used to be known as the government pike government pike meaning from fort Oglethorpe to the rifle range in the government I. ninety government pike and that's how all the Deets headed for about a hundred years.
Speaker 1:
Well many times deeds will say going along government pie from the intersection of Brahmin road for two hundred fifty feet.
Speaker 0:
To.
Speaker 1:
A.
Speaker 1:
Three.
Speaker 1:
And then from that oak tree in a southerly direction southernly direction along the Smith line FOR a distance of four hundred fifty to a rock pile in the located near the center of a ditch and thence meandering along the center of that damage in a southerly direction for four hundred fifty feet or a south easterly direction to another point and that may be on the northern line of Brahmin road and that's north originally along with northern Westchester latter Brummett road for a distance of five hundred feet to the point of beginning but a reasonable person could go out and find that property even today and that's what the law requires is it requires was that legal description sufficient sure but like a description is sufficient.
Speaker 0:
But the but the point is the surveyors are listening on can you say that again it's.
Speaker 1:
So anyway that that's my that's my explanation of the document of the D. but there's how can our without the help where we now and.
Speaker 0:
We've got four minutes.
Speaker 1:
For me sorry.
Speaker 0:
What about what what what what what we talk about the different type of deeds there are because I think people see these with all kinds of different titles of top warranty deeds quit claim deeds you know state beats Xcerra.
Speaker 1:
Yeah there's there's so many different common types of deeds and I'll name the most common obviously a warranty deed and will describe that in a minute second is a quit claim deed everybody's heard about that another is a D. with a life of state and not might not know anything about that and then there's an executory stayed and I'm gonna since we don't have very much time I'll restrict my explanation to those warranty deed main said I wore out the title to the property and I guarantee with everything that I am a war that when I signed this document this is a valid D. and I warned the title against all people in the world and guarantee that this is given to you in.
Speaker 0:
The sample.
Speaker 1:
With no liens or encumbrances on the property whatsoever and you give me the money and you own the property free and clear that's a warranty.
Speaker 1:
Another candidate courses the quit claim deed now quickly date is where I give up all my interest in it.
(Detecting speakers):
If you give me ten dollars I can legitimately quit claim