Roaring Brook Consultants, Inc.

Engineering a Better Future

TITLE vs. LOCATION

A deed conveys title to a particular piece of property to you.  You may get all the rights or there may be encumbrances such as rights of ways, flooding rights by a hydropower company, pole easements, cemeteries, the list of possible encumbrances is endless.

The deed must also describe the property.  The description may be vague or very detailed.  The surveyor's job is to locate the described lot on the face of the earth.  The more detail there is in a description, the easier the surveyor's job.  In some cases I have needed to trace deed descriptions back 200 to 300 years to find enough detail to complete a survey.  In a number of cases, the older deeds from the 1800's have had calls for monuments, bearings and distances for the property lines when the modern deed just says, "by the land of Smith."

It is, unfortunately, possible to have a 100% clear title to a property that can not be located on the face of the earth.  What do you do then?  This will depend on the facts involved and will most likely involve some legal action to fix the property boundaries.

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