Every once in a while, I see notes like this:
- PROPERTY CORNERS SET, EXCEPT AS NOTED, REPRESENT DEED LOCATIONS. OWNERSHIP LINES MAY BE DIFFERENT. OBVIOUS ENCROACHMENTS, IF ANY, ARE SHOWN. HOWEVER, NO GUARANTEE OF OWNERSHIP IS EXPRESSED OR IMPLIED.
?ÿDoes anyone here use a note like this? Am I missing something? I mean, isn't that implied? As far as I'm concerned, my client only owns what their deed says they own and it's my job to make a professional assessment of that deed and stake it on the ground.
If there's some unwritten right, it's not my job to determine that; it's not my job to point that out; I don't even call it an "encroachment".
I understand that some surveyors want to avoid liability, but doesn't notes like this case more problems than they solve?
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But then I could be wrong; wouldn't be the first time...
Dougie
Reads like a Title report. "We say something, but guarantee nothing."
Honestly, I am embarrassed to be associated with a "professional" surveyor who would make those statements. Stark reality never ceases to curb my optimism for the profession.?ÿ
Does seem excessive.
So basically the note/disclaimer implies a survey was done, not sure where the correct corners are, and indicates the graphical representation may or may not represent the boundaries of the deed. Thats pretty good for someone who shouldn't have been registered to begin with. I'll bet he or she would guit claim the Golden Gate Bridge to you for a nominal fee. That disclaimer will likely stirr up more questions than answers. ?????ÿ
@flga-2
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Hey, we should write up a legal description for the Golden Gate bridge and put it in a quit claim just to have around.?ÿ?ÿ Would be fun to send to someone as a joke.?ÿ but only survey nerds would figure it out.?ÿ?ÿ
That is a horrible note.?ÿ But I've seen worse here in SW Florida...?ÿ the company that changes it's name every few years used to say that they were only liable for the fee they charged for the survey!?ÿ?ÿ ummmm, nope.?ÿ nice try though.?ÿ
Every surveyor should recognize the fact patterns supporting unwritten rights in their jurisdiction. Solving problems is a very necessary part of our professional duty.?ÿ
Every once in a while, I see notes like this:
- PROPERTY CORNERS SET, EXCEPT AS NOTED, REPRESENT DEED LOCATIONS. OWNERSHIP LINES MAY BE DIFFERENT. OBVIOUS ENCROACHMENTS, IF ANY, ARE SHOWN. HOWEVER, NO GUARANTEE OF OWNERSHIP IS EXPRESSED OR IMPLIED.
?ÿDoes anyone here use a note like this? Am I missing something? I mean, isn't that implied?
First time I saw that note was when I moved to WA.
It's crap, and taken at face value is an admission that the surveyor did not uphold his/her responsibility to the public. (They certainly have never read Cooley.)
It's bad enough to be a "deed staker". It's another thing entirely to admit it on the face of one's own survey.
- PROPERTY CORNERS SET, EXCEPT AS NOTED, REPRESENT DEED LOCATIONS. OWNERSHIP LINES MAY BE DIFFERENT. OBVIOUS ENCROACHMENTS, IF ANY, ARE SHOWN. HOWEVER, NO GUARANTEE OF OWNERSHIP IS EXPRESSED OR IMPLIED.
?ÿReally??ÿ Why would anyone hire that surveyor??ÿ?ÿ If you don't understand what boundaries are and how to find them, please stick to construction staking.
CYA...more like SYI* Notes (amirite?)
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*Show Your Ignorance
We see this type of note crop up during investigations of complaints received in CA and it can be quite depressing sometimes hearing the rationale behind the reason for the note from some surveyors.?ÿ Worse one I had was during an outreach meeting and a discussion on this exact topic, one surveyor stated that he NEVER set monuments.?ÿ When others asked why, since...you know...that's what surveyors do...he said that he didn't want to incur any liability.
Yep, after a few minutes of blank looks around the room, and a few sitting next to him moving their chairs further away (haha seriously they did), I had to ask "Why did you become licensed?"
One I see here is that the plan is not a guarantee of of title, only the location of the boundary lines. This is different than the OP, I think it is more appropriate, though, like a copyright note, unnecessary from a legal standpoint.?ÿ
It's like the sign on the back of dump trucks, "Stay back 200 feet, not responsible for broken windshields".?ÿ Um, no.?ÿ You are responsible if something falls off of your vehicle and causes damage.?ÿ The sign doesn't change that;?ÿ it's there to dupe the uninformed into not filing a claim.
Don't blame me if I can't accept responsibility.
PROPERTY CORNERS SET, EXCEPT AS NOTED, REPRESENT DEED LOCATIONS. OWNERSHIP LINES MAY BE DIFFERENT. OBVIOUS ENCROACHMENTS, IF ANY, ARE SHOWN. HOWEVER, NO GUARANTEE OF OWNERSHIP IS EXPRESSED OR IMPLIED.
This confuses boundary with title.?ÿ The surveyor is supposed to find the boundary corners/lines of the property.?ÿ Calling them "ownership lines" gets into title.?ÿ The surveyor does not opine on title with a "guarantee of ownership".?ÿ See the title company about that.
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