How would you describe this scenario? You own 200 acres total in the SE/4 and the SW/4 of a section. Now you want to sell or gift 15% of this to someone, but you want it to be specific as the entire width of both SE/4 and SW/4 of said section at it’s Southern most part. How would it be written as far as SW/4 and SE/4? I am aware of township and block number so that does not play in to this. Just not sure of the description needed of acreage and how it is located? See attached photo for a visual of this. Thanks in advance. MK
The South 30 acres of section …. You should have an attorney draw up the documents so they represent your wishes.
First, it depends on whether you are trying to give 15% of all 200 acres or 100% of 30 acres. Second, do you individually own 100% of all 200 acres or are you only a partial owner along with others? You should refer to the legal description in the deed through which you acquired the property for accuracy. As Todd says, you should consult with an attorney to make sure that you do not give away more than you intend. There are also some other considerations, such as not warranting title, which an attorney can discuss with you.
I have an attorney I just want to know that the description is correct when he does this. Thank you for your response. mK
Thank you for your response. I understand your question. So basically one owns 25% and three others own the other 75% of the acreage all as a whole. They will be selling or gifting which ever is still to be determined 15% of there 25% portion of the 100%. I hope that makes since? Yes I have an attorney, I just want to make sure that I understand the verbiage correctly if this moves forward. Again many thanks. MK
More specifically you can describe it as the south 247.5’ of the section. But danger Will Robinson to use an old phrase. TD brings up many caveats.
I think it has been resolved now and thank you all for your response. What is now progressing is the easy way of reducing the % of each of the existing 75% and make the whole as described, where 15 % of all of the holding will be transferred. So by saying that 15% of 75% of the said lease is conveyed as a whole to one is a much easier process and will for all intent purposes be effectively the same. One person was seemingly trying to complicate this process and it now appears to be resolved. Thanks again for your concerns, responses and well being of getting this matter correct.
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