Ramsey v. Arizona Title and Trust Case Brief

Summary of Ramsey v. Arizona Title and Trust

Facts: Ramseys owned a parcel of land in AZ, and had listed the property with Zee Realty for sale. A sale was negotiated between Zee and AZ title, where afterward an escrow was opened. The escrow instructions signed by Ramseys contained a description with slightly different language than the deed.

Issue: Whether the descriptions of the property contained on the deed and those in some escrow instructions describe the same property?

Holding: Yes.

Rule: Descriptions in a deed to property conveyed is considered ambiguous only if it is not possible to relate the description to the land without consistency.

Procedure: Trial Ct. determined the descriptions were the same. Affirmed.

Ct. Rationale: The language does not need to be exact, only so far as the measurements clearly outline the real property being offered or described. The beginning description and ending description of both the deed and the escrow instructions are the same, and in fact the parcel of land is the same. The whole parcel from which the west 160 ft was to be carved.

Copyright © 2001-2012 4LawSchool.com. All rights reserved. Privacy Policy HotChalk Partner