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Public Surveyor Refuses to record surveys continued

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Larry Best
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Some may remember this problem form over a year ago. It's getting worse.

Last January I submitted a consolidation survey to be recorded. A few months later when I got through to the Public Surveyor to check on the status, I was told that it was not recorded because the Public Surveyor needed the deed to the property. The Recorder of Deeds is right next to the Public Surveyor's office and I had never heard of this requirement, but I did fax a copy of the deed to him. Next time I checked the status I was told that he had never received the deed, so I said I'll fax it to you right now and did so. The third time, once again it had not been received, so I confirmed the number stored in my fax machine, faxed it a fourth time and then called right back to confirm. It still wasn't there. I continued to send page after page until after hundreds of pages were sent, Mr. G at Cadastral called to tell me that The Public Surveyor had received the fax and please stop. The Public Surveyor told me the map would be recorded in a few days. So yesterday I made a visit. The map could not be recorded because there was only one name on the Request for Survey Registration form and four names on the deed.
The Tax Assessor, the Public Surveyors immediate superior intervened and at a meeting with the three of us, The Public Surveyor informed me that the rules are and have always been:

1. All names on the deed must be on the R.S.R. form unless Power of Atty. documentation is submitted with the survey.
2. If there are more than 2 names on the deed, than all persons on the deed must sign the survey drawing as well as the R.S.R. form.
3. If an owner is deceased, no survey can be recorded until probate is completed.

"These rules are to protect the VI govt. if one of the owners did not want the survey recorded."

First I have heard of these rules.

As an alternative The Tax Assessor suggested and we all agreed that I would add a note to the survey drawing.

I, Lawrence Best, does (sic) take full responsibility for the filing of this map on the signature of John Doe and therefore hold the government harmless for the legal action derived from the filing of this map.

I took the survey with the note added to Cadastral this AM. I am now waiting to hear from The Public Surveyor .

I have no problem with this note as it is my understanding that a Surveyor bears all the liability of a survey and the VI govt. bears none. But I would like to hear what others think of these rules and this note.


 
Posted : October 29, 2013 12:59 pm
John Harmon
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That's why I am glad I live in an non-record state. Less government, right!


 
Posted : October 29, 2013 1:08 pm
Scott McLain
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Larry, Is that an elected or appointed position?


 
Posted : October 29, 2013 4:52 pm
wayne-g
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Don't know how things work in the Virgin Islands, but in any state here the public official being called the Public Surveyor has a boss. With those gilded edge slippers on pins and needles, you can usurp them. Sometimes you just have to be careful what you wish for.

Also, any document in the public surveyors office is truly considered a public record. The mere recordation at the county is a formality, but that public record still exists for those eager to seek it out.

Good luck.

Oh yea, need any help down there...willing to relocate (kinda sorta tongue in cheek but not really)


 
Posted : October 29, 2013 5:29 pm