Please remove this note.

Adam, post: 384451, member: 8900 wrote: Here is a note that goes on my surveys.

- There may exist other documents, unwritten rights, burdens, easements, restrictions,
claims to title, or other unknown factors not discovered during survey. Preliminary opinion on
Title and exceptions to title were provided to AP Surveying PLLC, by ........, Attorneys at Law

Here is comment from attorney

The lawyer for ........... has requested that you delete the note that there may be other documents, unwritten rights, etc. that affect the subject property and state instead that you have lincluded all matters of which there is visual evidence or which are disclosed in the title commitment.

Sticks in my crawl when they ask me to take stuff off my map. Maybe I should say okay, whatever, change it and get paid. I want to tell them to tell the attorney requesting this simply No. Want to here from ya'll. Am I unreasonable with my note?

Change the note to read:

The title attorney with Dewey, Cheatum & Howe has requested this note be ignored:
"There may exist other documents, unwritten rights, burdens, easements, restrictions,
claims to title, or other unknown factors not discovered during survey. Preliminary opinion on
Title and exceptions to title were provided to AP Surveying PLLC, by..."

I wonder what would happen if you got an email or a letter from one of those attorneys with all of their disclaimers of "this email is intended for the blah blah recipient and if you are not on the recipient list.....blah blah blah....." and asked them to please remove that statement from their letter and sign it.... what might they say? These big "cover your a$$" people run around demanding that everyone swear to things they don't necessarily know. Maybe tell them "No" and sign and stamp to your answer.

(okay, I don't know....just saying things I probably wouldn't do.

Your note is not unreasonable since what you state is fact for your and most parcels, which fact is already known by anyone that deals with land. But it doesn't relieve you from finding the things that common practice in your area says you should have discovered.
I don't like the word "all" in the proposed addition, and would modify "visible" to "readily visible".

Tom Adams, post: 384465, member: 7285 wrote: I wonder what would happen if you got an email or a letter from one of those attorneys with all of their disclaimers of "this email is intended for the blah blah recipient and if you are not on the recipient list.....blah blah blah....." and asked them to please remove that statement from their letter and sign it.... what might they say? These big "cover your a$$" people run around demanding that everyone swear to things they don't necessarily know. Maybe tell them "No" and sign and stamp to your answer.

(okay, I don't know....just saying things I probably wouldn't do.

I'm about the biggest old grump when it comes to people (especially sniveling, snot nosed title attorneys) telling me what I need to say or not say. My notes stay. If he wants to make his own changes, let him sign it. It ain't a contract where they get to add and subtract words. It's a legal document prepared by a professional surveyor.

I think I am gonna go with this

I will gladly add that note in addition to my standard note.

You like?

I use a simple note in legal jargon that basically states "what you see is what you get"

I wouldn't do anything like you are doing.
In reality, any disclaimer can be challenged.

Sometimes less is more when it comes to legal verbiage.

If you are serious about attempting to limit the liability of your work product, I would consult an attorney (who works for you).
Something like this that will be used over and over again is worth getting right once.

You absolutely need a note like this on your surveys.

Basically you are stating that you are relying on documents provided by someone else and that there may be issues that are/were not visible at the time of the survey. I would check with your insurance provider to see if they approve of your statement or if they have one that they would like you to use.

The Attorney's note sounds better to me because it succinctly state what an ALTA Survey is.

Dave Karoly, post: 384503, member: 94 wrote: The Attorney's note sounds better to me because it succinctly state what an ALTA Survey is.

It's not an ALTA.

Daniel Ralph, post: 384493, member: 8817 wrote: Basically you are stating that you are relying on documents provided by someone else and that there may be issues that are/were not visible at the time of the survey. I would check with your insurance provider to see if they approve of your statement or if they have one that they would like you to use.

I was provided a title opinion but I researched it myself too. I found a few things left out of what was provided to me.

Ask the attorney to write and sign a note stating how and why his not will better protect you in his legal professional opinion. I know he doesn't work for you, and he may say so, but you can point out that you need to protect yourself and you need to know why it is poor wording for you if he wants to remove it. Get him to sign something that indemnifies or protects you if it is changed. They are sure good at saying what someone else should certify to.

Adam, post: 384506, member: 8900 wrote: It's not an ALTA.

It's kind of odd. First they asked for a boundary survey and we contracted for that. Then a few days later I received a title commitment and docs and asked to do an ALTA. We contracted for that. Then a few days later they said no ALTA needed. So it's a back to being a standard board rules boundary.

Paden, your comment hits home. I prepared a report and FN the other day, my boss/employer/dad/LSLS reviewed, approved, and signed off on my reports and notes, I sent them to the courthouse, they filed them, and I sent them on for filing in another location, where they were returned for 1 typo and some requested wording changes. I can see fixing a typo, Ok, I messed that up. But my wording is my wording, don't like it, write your own report.

Just say, "No, you ignorant pile of snail excrement."

Wait for the response.

I do not begin a survey without a copy of the Title Commitment.
When on is not provided, it is understood that the record search is a billable extra.
According to our BOR there is a minimum requirement to show everything that could affect the property that is visible and apparent and to place any metes and bounds easement on the drawing.
I take issue with easements and other things in Schedule B that do not affect the property with a statement that the easement has expired or is on the parent tract and nothing is located on this parcel.
When called on not showing something, I simply state that they can contact someone to visit the property and identify the location, I will locate it and add to my survey.
My feelings are that when utility company or other entitiy can not or will not have their equipment property located, marked on the ground and a description is not provided of the location, it is beyond my responsibility to fix the problem.
Especially without additional compensation.
I never use any disclaimer.

I don't know, seems like your stating the obvious, but in your State you may need to do this. In Illinois, we state that the survey meets minimal requirements for a boundary survey. If a realestate attorney doesn't know what these are, they can easily look up the statute (actually DPR rules).

If you feel that you need to make a statement why not be positive and tell them what the survey is and not what could be missing ? "This survey ONLY shows items of record as contained in the Recorded Sub plat, Doc xxxx, Title Commitment xxxx and ABOVE ground visible improvements."

just my 2 cents.

Adam, post: 384507, member: 8900 wrote: I was provided a title opinion but I researched it myself too. I found a few things left out of what was provided to me.

When we are using a title commitment or "opinion", and we find additional things, we typically attempt to get a revised document from the title company, if only to be on the same page. This would be especially true for an ALTA.

Our note is closer to the attorney's than to yours, yours might tend to make a person suspect that there is a 505-50 change that there is more undiscovered information out there. If this is to facilitate a sale, that might decrease the value of your product.

But my first question would be, "Why does the attorney want this changed?" I KNOW it isn't to protect you...