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Real Property • Conveyances
PROP#177
Legal Definition
A description of land need only provide a good lead to the identity of the property. Parol evidence is generally admissible to resolve ambiguities, but not where the description is inadequate.
Plain English Explanation
When answering the question, "Is the description of land in a deed sufficient?" Ask yourself, "Are you 100% sure you know what specific land is being conveyed?" If there is any doubt, confusion, or lack of clarity, then chances are that the description is not sufficient.
Note that you're allowed to bring in external evidence called "parol evidence," but only to solve ambiguities in an otherwise sufficient description. For example, if a conveyance identified "my favorite parcel of land," this is too broad and parol evidence wouldn't be allowed to try to prove which parcel was the grantor's "favorite." However, if a conveyance identified land as "my home in Hawaii," parol evidence could be used to show specifically which home the grantor owned in Hawaii.
Note that you're allowed to bring in external evidence called "parol evidence," but only to solve ambiguities in an otherwise sufficient description. For example, if a conveyance identified "my favorite parcel of land," this is too broad and parol evidence wouldn't be allowed to try to prove which parcel was the grantor's "favorite." However, if a conveyance identified land as "my home in Hawaii," parol evidence could be used to show specifically which home the grantor owned in Hawaii.
Hypothetical
Hypo 1: Amy owns a single house in Orange County, California. She conveys "My house in Orange County." Result: This is a sufficient description because it allows us to identify which property Amy conveyed.
Hypo 2: Amy owns a house in Orange County, California, and a house in Orange County, Florida. She conveys "My house in Orange County." Result: This is not sufficient, because we don't know which house she intends to convey.
Hypo 2: Amy owns a house in Orange County, California, and a house in Orange County, Florida. She conveys "My house in Orange County." Result: This is not sufficient, because we don't know which house she intends to convey.
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