State requires record search including back to origin of adjoiner deeds…
Florida has new “Standards of Practice” that place some serious new requirements on boundary surveys. According to my continuing education teacher Florida requires a search of the record all the back to the creation of a (new) boundary from its parent parcel. And, the requirement is not only as regards to the client’s record boundary line, but the requirement extends to all adjoining land owner common boundaries.
For example you are not only required to search the record back to the (original) creation instrument of the clients North boundary, but you are likewise required to trace the record all the way back to the (original) creation instrument of the adjoiner’s South boundary. And, if there is a difference you are required to show the same on your map.
This appears to mandate that the Point of Commencement (Florida rules recognize that every metes and bounds parcel of land has both a Point of Commencement and a Point of Beginning, though one point could be shown to be both the POC and the POB) for each and every adjoining deed would need to be located and the adjoiner’s POB verified by retracing the calls all the way in to the adjoiner’s POB. Then, after verifying the adjoiner’s POB, you would need to run the adjoiner’s line/calls until you reach the line common with your client.
The above would seem to be a tremendous benefit to title companies, as it would help to foretell hidden boundary problems. Of course, different surveyors could still argue as to the correctness of most any Point of Commencement (the actual origination point for Florida metes and bounds land descriptions). Once Florida surveyors get wind of this requirement you would think boundary survey costs would rise as a result.
The actual rule is as follows:
5J-17.052 Standards of Practice ?? Boundary Survey Requirements.
(1) Boundaries of Real Property:
(a) The surveyor and mapper shall make a determination of the position of the boundary of real property in complete accord with the real property description shown on the survey map or report and map. In order to ensure adequate and defensible real property boundary locations:
1. Every parcel of land whose boundaries are surveyed shall be made to conform with the record boundaries of such land, taking into account relevant requirements of law concerning whether the survey is original or a resurvey.
2. Prior to making the survey, the licensee shall perform research of records with sufficient scope and depth to identify with reasonable certainty:
a. The location of the record boundaries,
b. Conflicting record and ownership boundary locations within, abutting or affecting the property or access to same,
c. None of the above is intended to require the surveyor to perform a title search.
With regard to 5J-17.052(1)(a)1. The teacher writes, “The rule also admonishes the surveyor to take into account relevant requirements of law concerning original surveys and resurveys. Original survey, although not defined within this rule as defined elsewhere, means a survey executed to locate and describe a real property not previously described in documents conveying an interest in the real property. Examples of an original survey would be a survey used to create a new parcel out of a larger parent tract, to convey the new parcel or a survey to subdivide a larger tract into lots for the conveyance of the new lots. A resurvey is a survey executed to remark, reestablish, restore or delineate the boundary line or corners of a parcel previously created by a deed, survey or subdivision. Examples of a resurvey would be a survey having the purpose of delineating an aliquot part of a section of land within the U.S. Public Land Survey System or a survey to field mark a lot located within a recorded subdivision of land. The laws concerning original surveys and resurvey are found within the body of law known as common law. Legal precedent derived from jurisdictional decisions and similar tribunals create the common law. The State of Florida has some statutory law concerning original surveys found primarily within Chapter 177 Florida Statutes, which deals with the subdivision of land and the preparation of a subdivision plat or map made for recording.”
With regard to 5J-17.052(1)(a)2.a The teacher writes, “5J-17.052(1)(a)2.a says research should be sufficient to identify the location of the record boundaries. In doing a boundary survey under these rules, the parcel’s record boundary should be taken as a collection of boundary lines (or sides) and not a single unit. Each side of a parcel’s boundary is formed at a specific moment in time. The different boundary lines of the parcel may have been created at the same time, or they may have been formed at different times. The description of each boundary line should be examined to determine the time of creation; and the intent of the grantor, the one giving up the land, regarding the location of the line at that time. Boundary location law for written conveyances establishes that the intent of the grantor should be used to determine the locations of boundary lines; the grantor’s intent as expressed in the written instrument. This rule means research of the records should go back in time to reveal the recorded conveyance instrument that created the boundary line. Following this practice allows for the location of the boundary founded on the legal principles concerning the conveyance of real property by written conveyance.”
With regard to 5J-17.052(1)(a)2.b The teacher writes, “5J-17.052(1)(a)2.b says research should be sufficient to identify conflicting record boundary locations within, abutting, or affecting the property or access to the property. To determine these issues, an examination of the record boundaries of adjoining properties must undergo the same scrutiny as that applied to the subject property. The boundary of an adjoining property which lies adjacent to the subject properties boundary must be evaluated based on the written conveyance that created it.”
With regard to 5J-17.052(1)(a)2.b The teacher writes, “5J-17.052(1)(a)2.b also says research should be sufficient to identify different conflicting ownership boundary locations within, abutting, or affecting the property. Ownership boundary locations based on the record involves several important issues. One issue is the validity of conveyances within the public records. An invalid deed does not convey title or ownership. It may represent “color of title”, a written instrument that appears to carry title but does not. Other issues which affect property ownership are senior rights and constructive notice. A senior right or title in real property ownership law is based on the legal principle that a grantor cannot convey land that has been conveyed previously to someone else. The act of recording a deed is constrictive notice. Constructive notice is needed in establishing the validity of a written conveyance. The point here is the validity of written instruments within the public records is essential and should be addressed in the boundary survey research process. Surveyors doing boundary surveys may encounter difficulties in the validation of written conveyances. The validation of the written record, including problems and limitations, should be explained in the survey’s report or notes.”
With regard to 5J-17.052(1)(a)2.c The teacher writes, “5J-17.052(1)(a)2.c says the rule does not intend to require the surveyor to perform a title search. Their intent indeed depends on your definition of a title search. I’m sure you will agree the surveyor must scrutinize the public records for information that affects the location of record boundaries. I am also sure you will agree a typical title search is intended to find encumbrances to the property’s title these rules do not ask the surveyor to address.”
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