Need info on getting land deeded in my name

My grandparents are going to deed me a couple acres to build my house on they basically told me to find out how to do it etc....They deeded a few acres to their daugher back in the early 90's but said they handled everything...I need to make sure its done correctly where the aren't afected with any extra taxes etc...who do i need to talk to do get this done, real estate attorny?

Thanks

I believe you need a survey first. Then go to an attorney with your grandparents and have him draw up the Deed for surveyed plat and then go to the county and record deed, I think.

Someone might correct me on this.

You need to have a surveyor or at least someone who knows how to do it write it out. You don't actually need a licensed surveyor to do it though. Basically, if you know someone who is perhaps a drafter with experience working for a surveyor, you could get them to do it.

I have a 2nd cousin that is a Surveyor my grandpa has contacted him and he said he would call me tomorrow...should be able to survey it out pretty quick doesn't sound like they aren't super busy....so he should be able to direct me on what to do I'm guessing? anyone else know for sure

Thanks for the help Jeff and DC!

An attorney can write the legal description for the parcel to be deeded over and then recorded but I have seen way to many deed descriptions that were basically garbage without the benefit of a proper land survey.

Have the property surveyed, that would be your grandparents tract. Then sit down with the surveyor to determine where you want to put your parcel. He then can issue two seperate drawings if needed (yours and the grandparents) and write a correct deed for your parcel.

The survey is basically a cheap form of insurance to make sure your parcel is not overlapping onto another parcel or that someones improvements or parcel is overlapping onto your grandparents parcel. Hopefully the adjoining parcels and even your grandparents deeds are fairly easy to retrace and the proper monumentaion is in place.

Ooops
While I was typing just saw that you have family member who is a surveyor

So i should be able to take what he (Surveyor) does and go right to the court house no need for an attorney?

He then can issue two seperate drawings if needed (yours and the grandparents) and write a correct deed for your parcel.

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Really? That should be interesting.

You don't HAVE to have a survey, but if you ever want to build on it or borrow money on it, you will have to have one, so get it out of the way.

Get the survey, take it to an attorney, and ask him to prepare the deed, and record the deed and the survey (plat).

Also, before you get too far along, double check with your county zoning office to make sure that you can use a 2 acre parcel. There may be special requirements for road frontage and such. If 5 acres is the minimum plot size for building a house, then you are going to out of luck if you want to build. There are other considerations that may come in to play also, say for instance, the GP's have deeded off other parcels, and in doing so they may have inadvertently tripped the county's subdivision ordinance. Just double check with the county planning/zoning department before you get too far along.

So i should be able to take what he (Surveyor) does and go right to the court house no need for an attorney?

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No.

In fact in some counties the plat will have to be approved by the planning department before it can be recorded.

OK thanks I appreciate the help!

If you need a septic tank, get a soil test, FIRST..

Twenty five ought six said:

Really? That should be interesting.

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I meant to say a correct description for the deed.

Thanks....yes I will be getting it perc tested here quick.

Steve Thompson said:

If you need a septic tank, get a soil test, FIRST..

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Good Advice here...No need to survey and deed property if it doesnt perk. Have a soil/ perk test done before you spend any money elsewhere.

I would strongly suggest having an attorney do the whole deal, title search and everything. It will save you headaches when borrowing or transferring in the future.

I haven't started anything so thats not out of the option...what type of attorney Real estate? Bascially its 1 tract of land my grandparents on they are going to deed me about 1.5-2 acres so that I can build a house on it....i can get it perk tested before i get it surveyed not a problem

Luke0927 said:

I haven't started anything so thats not out of the option...what type of attorney Real estate? Bascially its 1 tract of land my grandparents on they are going to deed me about 1.5-2 acres so that I can build a house on it....i can get it perk tested before i get it surveyed not a problem

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Like it's been stated, double check that you are cleared to build on that size property............ further south you have to have 5 a's before you can build............ better safe than sorry!

I haven't started anything so thats not out of the option...what type of attorney Real estate?

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Yes.

If you don't know one, have your GPs call their bank and make a recommendation.

Luke:

You need to get a proper survey done. The survey will facilitate a good certificate of title and the underwriting of a title policy. That is important to being able to borrow money on the property and build on it, then converting a construction loan to a mortgage. It will also be useful if you get into a position in which you need to sell the house, and the next guy needs a cert of title to underpin a title policy and loan.

Find the surveyor first, walk the property with your grandfather and him, get him to prepare a legal description by metes and bounds, and pin all the boundaries. You should use the same guy when you get ready to build to lay out and stake the foundation for the builder and then to do a foundation survey to make sure your builder has located the foundation properly. Banks typically do inspections to make sure the house is sited properly on the property and not violating covenants and zoning on setbacks etc. and to ensure that it is not being built across a property line that will cause a dispute with an adjoining landowner.

I know a number of attorneys in Cumming. However, the best idea that I can give you is to use the firm that will handle a closing on a loan with the bank you intend to use to finance construction. That way, they will have done the original title exam, title policy, etc., and when it comes time to do the loan, they will simply update it. You definitely want to deal with someone that is an agent for a title insurance co.

I recommend that you speak with them about an owner's title policy, it can come in handy. It may be that you want to get in at the first conveyance or when you build; talk to the attorney about the best time to buy it. You must specifically request an owner's policy any time you are involved in a real estate transaction, the title policy issued of course is for the lender's benefit, but the buyer pays for it along with all other costs.

Another thing:

You need to ask the attorney a question about current underwriting standards for title policies to determine the type of deed that is needed to convey the property from your grandparents to you.

Tell him how long they have owned the property and that they are basically making a gift of it to you.

However, to best satisfy title standards now and in the future, is it ok to use a quitclaim deed?

Or should it at least be a limited warranty deed?

Or does it need to be a general warranty deed? (The most common way of conveying property in an arm's length transaction for cash consideration).

The quitclaim deed does not carry any warranties of title and protects upstream grantors from suits on warranties of title. Those actions have very long statutes of limitations. Thus, there is a reason for one to want to use a quitclaim deed. A quitclaim deed is also a typical indicator that no transfer tax is due, whereas, the others tend to indicate the tax is due to the county clerk.