Can you legally change a "Legal "description" once you have entered into a contract, no matter the contract?
This is in the State of Florida..Was told that the "Legal Description" was a "Non-Conforming" legal. That is Panama City, Florida. Area Code 32401
- 1 decade agoFavorite Answer
Well, here in NM a "non conforming" issue relating to real estate legal descriptions means that the issue in question relates to the fact that it does not meet the statutory provisions regarding the proper legal description and or does not meet the legal description standards in accordance to law. For example since NM, like Florida, has a history of title dating back to the spanish conquistadores in the 1500 there is still a residual amount of properties that were passed from generation to generation never leaving the family name but the legal descriptions used would not meet the standards set by modern law; example: "bounded on the north by the Catholic church and on the south by Pedro Dominguez and on the east by El Camino Real and on the west by Marian Dominguez" This type of description lacks the metes and bounds commonly found on a property that has been surveyed and required by the title companies to issue title insurance, and does not provide for a view of encroachments and actual location of the property as it affects the actual sorrounding properties, and even though the property can transfer hands from one owner to another the property is considered non-merchantable meaning you can not insure it. To be able to "change a Legal Description" one must survey the property and create a metes and bounds description of the property and acquire a quit claim deed in where the quit claim deeds will show the new legal description that is shown on the new survey. You must have each of the property owners that border the property sign this quit claim deed granting any legal interest they may hold "if any" in the property to you. In addition a real estate attorney may want to do what we call in NM a quiet title suit which goes back from the beginning of title acquisition and gives all the heirs and estates of people who have held the title to the property an opportunity to assert any claim they feel they have in the property now newly surveyed, or forever be quiet.
Now then it would be best that if you are contemplating acquiring a property in where the title description is in contention your best bet is to acquire licensed legal representation in the state of Florida for guidance on what you should do. Here are the links that might assist you in researching the issue:
STATE’S WEB SITE: http://www.myflorida.com/
HOMESTEAD EXEMPTIONS AND OTHER EXEMPTIONS: http://www.ocpafl.org/docs/hxbro.html#what%20is%20...
State bar Association: http://www.floridabar.org/
Happy Holidays and Buena Suerte
- Kevin HLv 41 decade ago
As an agent the standard description we use in legally described as is "see attached title" That way it is on the title company to properly describe the property. It is often a difficult task to write down the full legal description and it comes from title anyway. You could copy it perfectly, but what if they were in error. Title will clear up that change for you anyhow as they are insuring accurate and unencumbered title at closing. From the address, sellers name, and tax account number they can perform the necessary correction. By naming the seller and placing the commonly known as address you have identified the property well enough to make your purchase. Any corrections made by title will be signed by both parties prior to / or at, escrow.
- MaryLv 44 years ago
When I joined the Marine Corp, you could sign up at 17 and it was binding. You had to go. If your point is should a baptism be valid if a person is a legal minor, that's a good question. I don't think you are making any type of legally binding agreement. It's like joining a club. If you play by JW rules you're OK. If not, they can do what they want. But in fact, who cares,really? I was baptized at 16 and if I contested my disfellowsipping on the grounds that I was under the legal age when I made the "agreement", took the oath, whatever, I don't think that would fly. The only thing this could accomplish is anyone who was baptized under the age of 18 could get their "disfellowshipping" reversed. Like I said, 18 or 80, I don't care. If the JW's came to me and said I could be reinstated, no questions asked, I would tell them to f**k off. Who wants to go back?
- 1 decade ago
What kind of legal description? If it is the legal description of real estate then the answer is no. The legal description describes what area the property covers. If you are purchasing, you can add more property which then changes the legal description because is adds more real estate.
Hope this helps. Really need more info.Source(s): Worked in Real Estate.
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- Anonymous1 decade ago
As long as both parties agree then of course it can be changed. The buyer and seller must both sign an amendment to the contract that describes the correction. I suggest that you have this handled by an attorney.
- Bostonian In MOLv 71 decade ago
Only if there's an error on the contract. All parties would need to acknowledge the change. Consult with your attorney for guidance.
- Anonymous1 decade ago
newmexico is a little wordy but he is right on.The question you proposed was a ggod one and deserved a full answer which he gave. Print it out and study it.Source(s): An Agent
- Anonymous1 decade ago
no your out of luck boy