Since 1958, Ray and Barbara Mensen have leased on a month-to-month basis a house owned by Helen and Clarence Haines (Clarence died in 1984). In 1963, discussions began between the two couples about the possibility of a purchase of the home. The Haineses

Question

had hoped the Mensens would look after them in their old age, since the Haineses had no known relatives. Several drafts of the deed were produced, along with discussions that the property was being deeded to the Mensens in exchange for care and assistance for the Haineses. The deed giving the Mensens "the farm" was transferred to them sometime in December 1980 or January 1981 and recorded on January 13, 1981. The deed also included the following language: Part of the Northeast Quarter of the Northeast Quarter of Section 9 Township 16 North Range 13 East all in Douglas County Nebraska as recorded in the Douglas County Register of Deeds office. The Mensens did not deliver the promised care, and Helen Haines brought suit to have the deed declared void for failure of consideration and inadequacy of the description. Is the description adequate?

Answer 1

?The description relies on the U.S. Government Survey, but it needs a baseline reference. There may be only one baseline in the county, but generally a description must be complete under one system, and the reference to the county and the township may not be sufficiently clear. Each side must fulfill its end of the bargain in terms of consideration. However, it is possible that this conveyance was intended as a gift and so long as there was delivery, the conveyance is valid. Without an underlying contract evidencing the terms of their agreement, the deed serves to convey title. Haines v. Mensen, 446 N.W.2d 716 (Neb. 1989).