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Odd Situation

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(@rpls-2)
Posts: 105
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I'm working on a title survey for a commercial land sale. I was hired by the buyer.?ÿThe sellers deed calls for a 12 acre tract. She later granted an easement across the south 30' of her tract. There is a dirt road built and used across the south 30' for about 8 landowners to access their homes that are to the south of the easement and dirt road. The description included with the title commitment I received calls for the 12 acre tract and lists the easement in schedule "B".?ÿ After a discussion with the client I was instructed to "remove" the easement area from the survey, they didn't want to buy the easement area. Ok, fine. My survey was revised to exclude the south 30 feet of the tract, so the seller would be retaining the road only, which is covered by an easement and right-of-way from adjacent landowners, so basically a worthless piece of land for her. That brought my survey acreage to 10.79 acres.

I was then informed by the buyer that he was paying for the land by the square foot and that the price he had agreed upon with the seller was based on 10.73 acres (the tax appraisal acreage) and wants me to revise the survey to show 10.73 acres... So basically the seller would be left with the road and a 0.06 acre tract. If the seller and buyer where to agree to that, I guess it could fly. Ultimately what is being purchased, needs to be negotiated by the buyer and seller, but how do I know the seller is informed? I don't know the seller and I have no connection to them. The title company or seller has not seen the survey yet. I'm concerned that if I revise the survey to exclude a 0.06 acre area the seller would not really understand what is going on, and wind up with a piece of land she doesn't want. I'm well aware that most people have no idea what they are looking at when they view a survey. That may even be true of the 30' easement area. The client is from china and does not speak english, they communicate through an interpreter, but they are very hard headed. I'm inclined to just tell them no. Whats appropriate in this situation?

 
Posted : 12/08/2018 6:36 pm
dms330
(@dms330)
Posts: 402
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Around here typically there is an attorney on each side of the transaction.?ÿ I would contact the buyer's attorney and have that attorney sort it out with the seller's attorney.?ÿ Then you can be directed on how to proceed.?ÿ This is not to say that you cannot offer your professional recommendation as to how to proceed.

I realize other locales may not use attorneys so there may be some twists for you regarding my recommendation.

Licensed Land Surveyor
Finger Lakes Region, Upstate New York

 
Posted : 12/08/2018 7:17 pm
(@thebionicman)
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I would be concerned about violating subdivision and zoning ordinances. Granted, it would be the owner in violation. Planners remember those associated with problems like this...

 
Posted : 12/08/2018 7:24 pm
(@a-harris)
Posts: 8761
 

As long as the seller is on board, you will be ok.

I usually do not place myself in the middle as the punching bag or clown that falls for eveything or the dog that jumps thru hoops.

That is the job of the Realtor.

These people have signed a contract and when one of them gets too far off course, it all goes away and without anyone left to pay for your services.

Get confirmation thru the title company or closing agent where things stand.

 
Posted : 12/08/2018 7:26 pm
(@mightymoe)
Posts: 9920
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I'd stay out of it, except to inform the buyer of the implications, if there are any, of leaving that 30 plus foot strip along the south line.

It seems like that?ÿmight trigger all kinds of nastiness later on. I could see him not being able to get a building permit for the 10.73 acre parcel because of an illegal subdivision split. As a surveyor you are considered an expert concerning land splits and it's important to inform your client what can happen. I would do all that in writing, leave a nice trail of what you say and when you said it. I wouldn't contact the seller who isn't your client.

 
Posted : 13/08/2018 5:34 am
 jph
(@jph)
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Where are you placing this 0.06 acre tract??ÿ What configuration??ÿ Can you just cut these out with a simple procedure, (similar to MA ANR process)??ÿ Or does this have to go through subdivision approval?

 
Posted : 13/08/2018 6:00 am
(@paul-in-pa)
Posts: 6044
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You were told to exclude the 30' now in use as a road, do that. Whatever the acreage is, it is. Explain tot the buyer that if wants to exclude that 0.06 acres the buyer needs to apply for?ÿ variance and pay for a subdivision plan. If he has to adjust his price for the extra 0.06 acres he is still money ahead of the game.

Paul in PA

 
Posted : 13/08/2018 6:23 am
 jph
(@jph)
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Posted by: Paul in PA

You were told to exclude the 30' now in use as a road, do that. Whatever the acreage is, it is. Explain tot the buyer that if wants to exclude that 0.06 acres the buyer needs to apply for?ÿ variance and pay for a subdivision plan. If he has to adjust his price for the extra 0.06 acres he is still money ahead of the game.

Paul in PA

You don't just tell the client that it is what it is, and they have to live with it.

Excluding the easement (dividing the parcel) may involve the same procedure as excluding the 0.06 acre tract too.?ÿ So, you can still give the client what they want.

The bigger issue is whether the seller wants to keep ownership of the easement and the new useless parcel.?ÿ And also whether she's aware that she's not getting paid for those.

 
Posted : 13/08/2018 7:08 am
(@tommy-young)
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There is no way I'd create that 0.06 acre tract without approval from the seller.

 
Posted : 13/08/2018 7:37 am
(@paul-in-pa)
Posts: 6044
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The client gets what he asked for in removing the 30' strip. If he wants an extra 0.06 acre removed he pays for the cost of doing that. It is his choice. Since the seller apparently does not pay taxes on the 30' why would he care if he does or does no own it. Now the municipality might care, especially when it comes to maintenance. It probably should be deeded in common to the six owners that use it, but they may then decide to exclude the buyer from using it.

Whatever it is, somebody has to pay.

Paul in PA

 
Posted : 13/08/2018 7:41 am
 jph
(@jph)
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Who said that the seller won't pay the cost to cut out the 0.06 acre parcel??ÿ In some places that's a pretty minor cost, and may not even require additional monuments, depending on how it's configured.?ÿ

This may be all moot, as the seller might not want the extra piece, and would be willing to sell the 10.79 acres for the same price as 10.73.

I wouldn't want to own a 30' strip of easement if I sold the rest of my land.?ÿ This needs to be dealt with, and sold to the users of the easement.

I don't see where the municipality would care if this is just a private access easement.

 
Posted : 13/08/2018 8:39 am
(@scott-ellis)
Posts: 1181
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Seems odd to buy 10.7 acres by the square foot. How long is the 30 foot strip?

 
Posted : 13/08/2018 8:51 am
(@mightymoe)
Posts: 9920
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Maybe I'm reading the OP incorrectly, but I'm guessing the 30' wide strip is just being expanded to create the 10.73 Ac. So there are two tracts, 10.73 and a 1.27 Ac. tract that includes the easement.

 
Posted : 13/08/2018 9:02 am
(@rpls-2)
Posts: 105
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Topic starter
 

Thanks for your thoughts. I think what I will do is tell the buyer splitting off 0.06 acres would require a subdivision plat, approximately 3 months of county red tape, and about $12,000, which is about what it would be. That will probably dissuade them as they are in a huge hurry and not patient. And I'll just email the title company and mention what the buyer requested with the 30' easement, hopefully that info makes it to the seller.

 
Posted : 13/08/2018 9:02 am
(@rpls-2)
Posts: 105
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Topic starter
 
Posted by: Scott Ellis

Seems odd to buy 10.7 acres by the square foot. How long is the 30 foot strip?

Its about 1,840 feet long.

 
Posted : 13/08/2018 9:05 am
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