Protection for not recognizing the 1992 deed for Accotink
2004.08.10 7:10pm (Kevin Greenlief to Anthony O’Connell)
My staff has traded e-mails and correspondence with you on numerous occasions. We clearly seem to have some failure to communicate on this issue and for that I apologize. First let me explain our position on this, and then I'll explain what it is we are going to do to try to assist you to the extent possible.
First, the legal description of this vacant parcel of 15 acres is "Accotink Station." The Will Book reference is simply made as a convenience to help citizens (especially title examiners) determine the source of initial property transfer. Our listing does not affect your rights as trustee, nor does this impact the Land Records themselves. I do not understand your complaint that you "cannot properly perform your duties as Trustee until the confusions on the court records have been cleared away." There is no confusion in the court records. The chain of title as recorded in the Land Record Office speaks for itself and any title examiner or court would be able to follow the documents so recorded. The fact that we have listed the Will Book reference should have no impact on that whatsoever. Moreover, in our old computer system we had significant space constraints that limited the information we could list. Since the Will Book was the initial transfer (i.e., the start of the chain), that is the reference we listed. As my staff has repeatedly said however, the *Land Trust Agreement at DB 8307-1446 has also been listed on our records. It simply wasn't displayed in a box entitled "Legal Description."
We have now implemented a new computer system that offers us some additional space flexibility. As a result, my staff has now added the deed book references you desire to the existing references. The reference included in our legal description area will read "Accotink Station; WB201-109; DB8307-1446; DB8845-1444; DB8845-1449."
Again, this is highly unusual and not at all necessary inasmuch as any title examiner, Attorney or court would be able to follow the clear chain of title as recorded in the Land Records. The listing of these deed book references on our assessment record has no bearing on your role as trustee nor does it impact the chain of title ownership. It simply lists deed book references within the chain.
That said, since we have the space and since this appears to be a significant issue for you and does not otherwise impact the validity of our records, we have made this accommodation at your request. You will receive a second installment tax bill in November. This bill should reflect these changes. If you would like to check this on-line before then, you should be able to see these changes within the next two weeks via the following Internet link http:/ /icare.fairfaxcountv.gov/ Main/Home.aspx
I appreciate that estate management can be a very complicated matter. I wish you much success as you deal with this issue. I trust this concludes the matter at hand.
I do not understand
- The legal description should be the last document transferring ownership. What is recognized as the last document transferring ownership?
- Why an inquiry about the 1992 Deed for Accotink is deferred to a future title search. WB201-109 wasn't.
- The document at Book 8307 pages 1446-1452 is referred to as "LAND TRUST AGREEMENT". It is the DEED IN TRUST UNDER LAND TRUST AGREEMENT. The first sentence begins with "THIS DEED .." This document is a deed.
Is the last document recognized as transferring ownership of Accotink the 1975 Will of H. A. O'Connell at Will Book 201 pages 96-110, or is it the 1992 deed for Accotink at Book 8307 pages 1446-1452?