OT/John T-contract language

John, my son and I are selling our 1/2 share in a parcel of land
we own to the guy that owns the other half. His lawyer wrote up
a purchase agreement that basically says that the sellers are
selling to the buyer the following described real property: "an
undivided 1/2 interest in and to" and then the legal description.
My son thinks that isn't clear as to what he is buying saying the
1/2 share could be taken to mean we are only selling 1/2 of
what we own, that it should say something like "Their undivided
1/2 interest". Myself, I think it is ok the way it is. What is your
take on it? The deed would convey the actual 1/2 that we own
anyway and that is what would be recorded.

If the contract is misunderstood as you discribe, it would leave you with 1/4 interest in the property, hence you come out ahead.

I don't understand it. An "undivided half interest" usually refers to a situation where two people each own a half interest in a property, without the halves being designated.

An example is, my sister and I each own an undivided half interest in our family farm. We're each responsible for half the expenses and receive half the income, but we each can't point to any specific acres as being ours, hence the referral as being "undivided".

Why wouldn't there be an instrument that simply conveyed your ownership to the buyer?

As an attorney I have prepared numerous deeds and legal descriptions and for what its worth, I dont have any major heartburn (see below) with the lawyers choice of words and wouldnt expect other attorneys, courts or judges would either. The community of professionals and the ones who might be charged with LEGAL (NOT factual) interpretation would likely all view it the same as myself. Its the job of the fact finder (lay jury or judge in a bench trial) to determine facts, but its the job of the judge to know and apply law and understand the commonly "legally" accepted use of certain terminology.

First dont let the word "undivided" confuse you just forget it for a while.

Okay what is being conveyed, A "1/2 INTEREST" IN AND TO. I dont care if the legal description that follows is 100,000 acres or 1 acre, whats being conveyed remains 1/2 interest "in and to" that land thats thereafter described.

Next, that "1/2 interest" could be owned by one, two, or a hundred indivduals but that doesnt diminish it being a 1/2 interest. Similar, the fact that two people own that 1/2 interest DOES NOT mean the conveyance is somehow therefore ONLY a 1/4 interest, ITS FOR A 1/2 INTEREST IN AND TO. If ten people jointly happen to own and wish to convery a "1/2 interest" they are still conveying a 1/2 interest in and to ....

NOTE youre (ALL SELLERS WHO CURRENTLY OWN IT) selling a "1/2 interest in and to" and as I read your post I take that to be NOT 1/2 of what you own, youre selling alllllllllllllll of what you own, and just what is that HMMMMMM a 1/2 interest

HOWEVER Ive prepared a few very complicated deeds of conveyance and legal descriptions and in those situations I (after whats said above on the deed in common legal language) add common sense lay verbage which anyone with a 6th grade education could easily undersyand and NOT get confused. I add things like : Its the intent of the parties that the purpose of this conveyance is so and so or such and such I DO THAT SO IF BILLY BOB READS THE DEED HE UNDERSTANDS IT. Many of my associates NEVER add such to a deed, but thats how I do it, its just my style, but I had a REAL LIFE as an engineer, farmer, truck and tractor dealer wayyyyyyyyy before I got this semi retired LAWMAN GIG LOL Heck you ought to see the chain of title and tax info and common legal address and any relevant relationship between the parties and affidavits etc etc I put on my deeds, abstracters and title insurance folks will love me years down the road lol

An "undivided intetrest" means just what it says, it does NOT mean Bill owns the back 40 and Jim the front 40, the interest IS UNDIVIDED.

NOTE this topic is for professionals to answer so I have to advise you to consult with local counsel and NOT take my advice or lay advice. I havent researched your local laws or customs but in my heart believe what I told you is correct

Best wishes

John T

Thanks John. You answered it about like I thought it was also. My son owns 1/4 and I own 1/4 and the buyer owns 1/2. The purchase agreement names us together (my son and I) as the sellers of "an undivided 1/2 interest". And yes, we are selling all that we own which is 1/2 interest in the land. I wasn't sure how to take the undivided interest part but now understand that. And including the language that an "everyday person" can understand might not hurt. After going through a court case and $14,000 where the language in the purchase agreement was called into question and was the deciding factor over all other documents, I have learned to make sure. In this case though, I am the seller and don't see anything coming back on my part. As my son said though, if something comes up on the buyer side (he is buying it in a trust) , it should be written as plain as possible. So, I will have the lawyer edit it that way. Thanks again.

I’m not a lawyer but I have read many real estate and business contracts over the years. If the seller were conveying only half of their interest to the buyer it would read “an undivided ¼ interest in and to” the descriptive fraction would be in relation to the whole amount. A secondary description might include a description of the half your conducting the transaction in but it would also clarify the transaction has nothing to do with the buyers original interest.<br
>I can give you a perfect example of how easily it can be misunderstood. Three brothers owned a farm near us, Brother 1 bought out brother 3, giving him a 2/3 interest and brother 2 having his original third. Now along comes the son of brother 1 who buys out brother 2. Son of brother 1 now thinks he owns ½ since there are now only two owners. But truthfully he owns a 1/3.

The belt-and-suspenders approach would be to also draw up a quit claim deed, saying you are transferring any interest you may have in said property.

It looks plenty clear to me.

Youre welcome, and note when I draft a legal document, I FIRST use the accepted legal language THEN FOLLOW IT with my layman language.

John T

To your question "Why wouldn't there be an instrument that simply conveyed your ownership to the buyer? "

There is such an instrument, its a deed of conveyance (from Grantor/Seller to Grantee/Buyer) of an interest in real property.

In this situation what is the Grantors interest?? It an undivided 1/2 interest in and to certain real estste

What are the Grantors/Sellers conveying?? Their undivided 1/2 interest

Its not necessary that only two people can own an undivided 1/2 interest, 100 people can collectively own a 1/2 or 1/10 interest

The Grantor can issue whats called a "quitclaim" deed which conveys whatever interest he may happen to own, be it all or nothing. I can legally quitclaim to you my interest in the Brooklyn Bridge, I may own it I may not, but whatever it is I own is now yours

John T

Aren't you conveying whatever the legal desription already states on your original deed? If it's properly described in the original paperwork, I don't see the problem. Just carry it over unless it was written in the 1700s. It if is not, then use a Quit-claim deed if the buyer will accept it.

Here in New York, the country clerk will refuse to file any new deed unless the description is adequate. Of course, there is no law that says anybody has to file their deeds in the public record.

I really like the addition of intent that you use in your contracts, John. I did some contract work on a special assignment in my engineering career and we regularly did that.

I wish those bozo"s in Congress did the same with the laws they create. It would possibly reduce the number of court challenges. But that"s probably asking too much of a politician. It would require that they actually knwew what they were doing.

I agree but its probably not gonna happen (The bozos in congress) they are mostly all lawyers and may not like the common folk peasants understanding the laws. Hey remember external_link care and Nancy Pelosi saying, Lets pass it so we can read and understand it (later) lol

John T