Plat Map vs. Deed: Which Legal Description Controls?

When you purchase a piece of property you expect that all of the paperwork you sign is correct.  What happens when the Deed you receive contains an incorrect legal description?  Specifically, what happens, however, when the Deed you receive contains a legal description different than the one contained in the plat map?  That was the scenario in the case of Saterlie v. Lineberry, 92 Wn. App. 624 (1998).

In Saterlie, Jerald Saterlie and Barbara Hudak of Snohomish County purchased one of four lots that were being sold by a developer.  The legal description contained in each of the Deeds included at 30-foot easement on Mr. Saterlie’s property.  It also referenced a short plat map reflecting the same easement.  The problem with the map attached to the recorded short plat was that it showed a 60-foot easement.  Snohomish County required a 60-foot easement for ingress, egress, and utilities.  Snohomish County approved this subdivision based solely on the short plat map containing a 60-foot easement.  Prior to closing, Mr. Saterlie and Ms. Hudak were aware of the discrepancy between the map and the legal description in the Deed.  They did not do anything about it until after the closing took place even through they witnessed the installation of various utilities outside the deeded 30-foot easement area.  They researched the discrepancy at the County Auditor’s office, but they did not confront the developer regarding the width of the easement until after the closing.

The question for the Court was whether a legal description contained in the Deed, and which referenced a map, can be reformed to match those contained in the plat map.  The Court analyzed the map and the Deed together and stated that, on these facts, the map becomes a part of the description.  The Court then determined that the legal description contained in the map is controlling, and reformed the Deed to correct the legal.

In Saterlie, the Court looked to the fact that the incorrect legal appeared to be a clerical error, and that both parties intended to complete the transaction in accordance with County Ordinance.  It required the parties prove by clear and convincing evidence that the Deed should be reformed before the Court would do so.

Having a correct legal description on your Deed is important for a variety of reasons.  Therefore, I urge you to check your client’s legal description with the County Auditor’s office before you close the sale of your client’s home.  This will help prevent unwanted and aggravating discrepancies from showing up later.

Published March, 2000

This article contains information of general interest, and is not intended to be, nor should it be relied upon as a substitute for specific legal advice.