Brief Fact Summary.
Defendant alleged that a deed was invalid because the description of the land was too indefinite.
Synopsis of Rule of Law.
A deed must have a description of the land that makes the land identifiable.
Evidence of prior possession alone is sufficient to put the defendant on proof that he has a better title than that of the plaintiff.View Full Point of Law
A certain deed described the transferred property as follows: Lot 196 in the thirteenth district of Thomas County, Georgia, beginning in the northwest corner of the lot running south about eight acres to a stake, then 20 chains east to a stake, then north about six acres to a road, then five chains west along the road, then north to the north line of a lot running east and west, then west to the starting point. On appeal, the defendant argued that the deed was invalid because the description of the land was too indefinite.
Whether a deed must have a description of the land that makes the land identifiable.
Yes. A deed must have a description of the land that makes the land identifiable.
The problem with the deed in question begins with the description of “eight acres” running south. An acre, as a measure of area, does not allow for linear measurement. The rest of the description is useless because the next starting point is unascertainable. Therefore the deed is void and inoperative as a conveyance of title.