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
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