How to Address a Wrong Description on a Deed
A wrong description on a deed can lead to many problems. In this article, we explain how New York courts address this issue and the different forms this problem arises in.
How Deeds are Interpreted
The most important factor in interpreting the deed is the parties’ intent.
“Deeds must be construed according to the intent of the parties, so far as such intent can be gathered from the whole instrument, and is consistent with the rules of law. Where a deed is ambiguous, courts look beyond the written instrument to the surrounding circumstances.” Matter of New Cr. Bluebelt, Phase 4, 79 A.D.3d 888, 891 (N.Y. App. Div. 2010).
Problems in a Deed’s Description
A wrong description on a deed can take many different forms. The deed’s description can be different from the lot on the map. Or two deeds could have different descriptions.
Deed and Lot on Map Have Different Descriptions (Generally)
If a deed’s metes and bounds specific description is different from a lot’s description on a map, then the lot’s description on the map will determine the boundary line.
“It is a well-established principle of law that when there is a conflict between a specific description by metes and bounds and a lot as shown upon a map by which a tract of land is conveyed, the latter provision will control. When in a deed the lot intended to be conveyed is properly designated by its number on a recorded plot, but the deed, in attempting to give a more particular description, incorrectly or inaccurately sets forth the dimensions of the same, such designation by lot number will prevail over such other description in the deed.” Mazzucco v. Eastman, 36 Misc. 2d 648, 650 (N.Y. Sup. Ct. 1960) (plaintiffs brought an action to recover possession of a parcel of land allegedly wrongfully enclosed by the defendants’ fence), aff’d 17 A.D.2d 889 (N.Y. App. Div. 1962).
Deed and Survey Map Have Different Descriptions (Easements)
If a deed creates an easement and the deed’s description is different from the survey map’s description, then the deed’s description determines the easement.”
“It is well settled that where an inconsistency exists between the deed and the map to which it refers, the deed description should prevail.” Hess v. Baccarat, 210 A.D.2d 544, 545 (N.Y. App. Div. 1994).
Two Deed Calls Have Different Descriptions
If two deed calls have different boundary line descriptions, the following methods are used to determine the boundary line. First, the court will look at natural objects. Second, artificial objects. Third, adjacent boundaries. Fourth, courses and distances. And fifth, quantity.
“It is true that where a dispute exists as to the designation of a boundary, the intent of the parties should control . . . . However, where there is a discrepancy in deed calls, the rules of construction require that resort be had first to natural objects, second to artificial objects, third to adjacent boundaries, fourth to courses and distances and last to quantity . . . . Furthermore, where, as here, a deed refers to physical objects as well as measurements based on lines of adjacent property, a court may accept the physical objects over the measurements based on the other lines.” Thomas v. Brown, 145 A.D.2d 849, 850–851 (N.Y. App. Div. 1988) (parties had a conflict in the calls of descriptions in their deeds).
More Help
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Word of Caution — The law and its processes may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.