When transferring gifted property, can I exclude a previously sold portion without a new survey?

Real Estate Law

Barrister

66,544 satisfied customers

View context

Solved

Yes, that is the correct way to address this if a larger parcel has had a smaller parcel "cut out" and is not included.

After listing the original parcel boundaries, you would make a statement after that something like:
"Excluding an outparcel conveyed on XXXX date to Person's Name via Deed Book XX, Page XX and having the legal description of....."

General Warranty Deed Form

Create Document

Full Conversation

I am preparing a deed transfer - my mother is gifting me a property - and as a description of boundaries, I am curious if it is legally acceptable to list the original property boundaries and then say "not including an area that has since been sold," and list that property description?

Lexi, Chatbot

I understand that preparing a deed transfer can be complex, especially with boundary descriptions. Can you tell me if the property in question has been surveyed recently?

I don't believe it's been surveyed since it was last transferred, and since then a piece of it has been sold.

Lexi, Chatbot

Have you already received any legal advice regarding the deed transfer process from a professional?

No, that's what I am attempting to do now.

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation.

Barrister

Yes, that is the correct way to address this if a larger parcel has had a smaller parcel "cut out" and is not included.

Ok, that's great. I can do that easily.

Barrister

Glad I could help. It was my pleasure to work with you and help with your question.

Have a great afternoon and be safe!

Barrister

66,544 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Legal Eagle

Attorney

4.79 (133,377)

[AZ] Can my sister legally gift me her home while keeping her VA loan without refinancing or triggering the due-on-sale clause?

Answered 7 hours ago

Seth

Attorney

4.73 (8,846)

[ME] If a deed does not state joint tenancy, will my ownership pass automatically to me or can it be affected by a will?

Answered 23 hours ago

Benjamin

4.74 (679)

[AK] Is listing both spouses as grantors and one spouse as the sole grantee the right way to transfer full ownership in a buyout?

Answered 2 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.