----- Message from "Klinger, Phil" <pklinger@krflawfirm.com> on Thu, 19 Oct 2006 08:37:58 -0600 -----

To:	<realestate@iabar.org>
Subject:	RE: incomplete legal description

I'd suggest a "Corrective Deed" in interest of simplicity-- No question a DOV and GWH not required -- my opinion removes any possible  issue someone reading abstract(s) at a later date  could raise
 
 
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-----Original Message-----
From: John Mayne [mailto:jmayne@maynelaw.com]
Sent: Thursday, October 19, 2006 8:21 AM
To: realestate@iabar.org
Subject: incomplete legal description

I have been asked to “fix” a two-year-old conveyance.

B sold Whiteacre and Blackacre to A for a stated price.  A paid the price and received a Warranty Deed from B for Whiteacre.  Through an oversight of some sort the deed did not include the description of Blackacre.  B acknowledges this and wants now to convey Blackacre to A.  A has been in possession of both Whiteacre and Blackacre ever since the time of receiving the deed for Whiteacre

Should I prepare a corrective deed conveying both Whiteacre and Blackacre and refer to the earlier deed, or simply convey Blackacre now and indicate consideration less that $500?  Or something else?

John D. Mayne

Attorney-at-Law

300 Pioneer Bank Building

701 Pierce Street

P.O. Box 1678

Sioux City, IA 51102-1678

712.277.1434

712.255.8049 fax

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