Deed not recognized 1c
Why, in 2004, defer taking a position on the 1992 deed?
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.
(The text in blue is about the 1975 Will at WB201p109. The text in green is about the 1992 trust documents)
- The legal description should be the last document transferring ownership. What does the Director recognize as the last document transferring ownership? Is it 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?
- Why call the Deed at bk8307p1446 a "Land Trust Agreement" ("As my staff has repeatedly said however, the Land Trust Agreement at DB 8307-1446 has also been listed on our records.")? The 1992 trust document at bk8307p1446 is the Deed that transfers ownership. The 1992 trust document at bk8845p1444 is the "Land Trust Agreement" that does not convey ownership.
- Why, in 2004, defer taking a position on the 1992 Deed for Accotink to a future title search?
- I don't understand why, in 2004, the Department of Tax Administration will still not say if they recognize, or do not recognize, that the 1992 deed at bk8307p1446 for the trust property supercedes the 1975 Will at WB201p109. This withholding renders the Trustee powerless. It would not be prudent to try to sell the trust property when the deed for the trust property is not recognized.