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Problems and Solutions with Boundary Adjustments

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Presentation on theme: "Problems and Solutions with Boundary Adjustments"— Presentation transcript:

1 Problems and Solutions with Boundary Adjustments
By David J. Meyers

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5 Apply to Replat – Boundary Adjustment – Same Area
(2 ½ acres) Before and After – easy

6 Replat Approved - easy

7 Dealing with Mortgagee (Mortgage Holder)
Can be difficult to impossible

8 Finding Someone to Talk to Who Can Help
Easy if local lender Impossible if large out-of-state lender

9 Mortgagee and All Lienholders Must Consent to Plat
Best to Use Separate Consent Instead of Having Mortgagee Sign Mylar

10 Record Plat

11 Deed Exchange – Replat Does Not Convey Title
First – check for all liens and confirm ownership

12 Both Mortgagees Must Release Mortgage Lien on Prior Legal Description

13 Both Mortgagees Will Require Amendments to Mortgage to Include the New Legal Description

14 Both Mortgagees Will Require Endorsements [Bring Down Certificates] to Existing Title Policy
Hint: Buy a New Policy

15 All of This is Done at Owners Cost – maybe $3,000 - $5,000

16 Split By Lawsuit or Torrens
All Owners and Mortgagees are Defendants Mortgagee’s Title Insurance Will Defend Title Insurance Attorney May Understand and Consent

17 Alternatives Easement – Permanent License – Limited

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22 Commencing at the northwest corner of said Section 21 (per County monument, Doc. No ), also being the northwest corner of said Government Lot 1; thence North 88 degrees 54 minutes 45 seconds East, assumed bearing, along the north line of said Government Lot 1 (based upon the North Quarter Corner, per Doc. No ), a distance of feet to the northwest comer of said Government Lot 2 as shown on PARKS ADDITION TO PILLAGER, MINN.

23 thence North 67 degrees 01 minutes 45 seconds East, a distance of 100
thence North 67 degrees 01 minutes 45 seconds East, a distance of feet to a Judicial Landmark set pursuant to Court Case No. 11-CV and a Point to be known as Point B for the purposes of this description; thence continue North 67 degrees 01 minutes 45 seconds East, a distance of feet to a Judicial Landmark set pursuant to said Court Case No. 11-CV South 88 degrees 54 minutes 45 seconds West through two Judicial Landmarks

24 Thank you! David J. Meyers Rinke Noonan Suite 300 US Bank Plaza Building 1015 W. St. Germain St. P.O. Box 1497 St. Cloud, MN Direct: (320)


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