Deeds: How to Deal with Ambiguous Legal Deed Descriptions

“Deeds: How to Deal with Ambiguous Legal Deed Descriptions”

4 PDU

Stay for the full Day and Earn 8 PDUs with a Discounted price

We are an approved provider by:

NJ Board of Professional Engineers and Land Surveyors

New York Board of Professional Engineers , Sponsor # 201  beginning 2/1/2018 to 1/31/2027

Florida Board of Professional Engineers: Laws and Rules and Ethics, Provider number 0007543 (Ethics) 0010489

Florida Board of Professional Engineers: CE provider Provider number 0007543

Maryland Board for Professional Engineers

Course Outline:

1. What is a deed description
2. Various terminologies related to deed description
3. Description of various parts of a Deed
4. How to write an effective deed description
5. Pitfalls in writing deed descriptions
6. How ambiguous deed description can create problems with real life examples
7. How to find ways to rectify ambiguous deed descriptions
8. Open Discussion and Q & A

Course Summary:
This presentation describes deeds and their various issues in land surveying profession. Deed is an instrument in writing which, when executed and delivered, conveys and estate in real property or interest therein. The various types of deeds are corporate deed, general warranty deed, grant deed, mortgage deed, quitclaim deed, special warranty deed, trust deed, unrecorded deed, void deed and warranty deed. This presentation emphasizes on how to write effective deed description, pitfalls in writing deed descriptions. The term “legal description” refers to the written description of property and certain other data that identifies the subject piece of property. The established rules of construction are used only when the instrument is not clear, is ambiguous, or is uncertain. Rules
of construction always look to “the intention of the parties” and particularly to the intention of the grantor or assignor where that can be determined. The court will usually begin to determine the intention of the parties by the terms used in the instrument. If the intention is still doubtful, the court will then likely use construction aids, or rules of construction, to ascertain the parties’ objective intent. If the instrument is ambiguous, the court may allow parole or other extrinsic evidence to be considered, such as the circumstances leading to execution of the instrument, the situation of the parties, and the subject matter. The language of an instrument will be the controlling factor in its interpretation. Courts are generally not concerned with what the parties meant to say but with what they did say ¬the language of the instrument. Emphasis is given on how ambiguous deed descriptions can create problems and how to deal with these situations with real life examples in this presentation.

Instructor:  Avinash Prasad,

PE, PLS, PhD, MSCE, MSEM, F.ASCE, FF, EMT

Mr. Avinash Prasad is a Licensed Professional Engineer, Land Surveyor and Professional Planner in multiple states with more than three decades of professional experience in civil engineering, surveying & management field since his graduation. He has recently earned Doctor of Philosophy degree from New York University in Civil Engineering. He has double Master of Science Degrees in Civil Engineering and Engineering Management from New Jersey institute of technology, NJ and BS Degree in Civil Engineering. He has more than 2000 hours of continuous professional education as instructor/participating professional (1990-2021) excluding formal education. He is a (NJ) state certified emergency medical technician (EMT), emergency medical responder (EMR), fire fighter (FF). He is a FELLOW of American Society of Civil Engineers and also an active member of several professional organizations such as: AREMA, PMI, AISC, NYSAPLS etc. His technical papers were accepted in multiple ASCE journals and various other organizations like ASCE, AREMA & NYSAPLS conference proceedings for presentation and or publication multiple times.

Requirements to attend a live webinar:

1.  You will need a smartphone, tablet, laptop or desktop computer to view it. If using a smartphone or tablet, it is best to have the app for the program on your device (i.e. Zoom)
2.  To verify your continued attendance during the class, you will need a microphone or the ability to type into the program’s live chat.
3. Webcam: we need to see you throughout the lecture in an appropriate setting.
4.   Instructors or school personnel will take attendance periodically throughout the class.
5.   Instructors may call on participants.
6.  To verify attendance, a code word may be given sometime during the class.
7. You will be required to complete and return an evaluation after the course has ended. The evaluation may ask what code word was given.
8.  You may not receive your Certificate of Completion if we cannot verify your attendance.

Webinar invitations are emailed to registered students approximately one day prior to the class.

Certificates of Completion are emailed to students approximately 5 business days after the course.