Due Diligence

The Survey That Does Not Close

The Survey

A deed description that does not close is a quiet title action waiting for the buyer who did not check.

Kentucky is a metes and bounds state, and a deed description that does not close is a description whose monuments do not meet. The survey that does not close is a quiet title action waiting for the buyer who did not check, and the quiet title action is never cheap.

We read the deed and the plat before the closing, and we verify the metes and bounds against the monuments on the ground. A description that calls for a stone that is no longer there, or a course that no longer bears, is a description that will cost the buyer the reformation suit the seller should have paid for.

The title commitment is the other half. A title that excepts the easement the surveyor found is a title that does not insure against it, and the buyer who closes on the exception buys the easement. We read the title and the survey together, because the two are the same description in two languages.

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