Wow, just got another request to not show a house, 7 feet over and straddling the boundary line on a boundary with improvements survey. That's 2 in 1 week. Still not going to revise the survey plat.
What are they thinking??
Idiots. The world is full of them.
I'm seeing the opposite here. My dispute consulting services are currently one of the 'floating' aspects of my practice. People are wanting to know WHERE stuff is, not for it to be hidden or omitted. This time of the year I should be concentrating on estate subdivisions for the old folks trying to shed tax obligations off onto their young-uns.
Strange economy, indeed.
Well, they say they're going to have it moved (and this one is pier and beam, not a mobile home in this case) but it's going to take a while. Well, call me when it's gone. I think they are worried it is going to affect their closing.
This is a subdivision from the boom days in the early 80s. I was told by SW Howell that the developer was notorious for having the platting RPLS just set the outer corners and then the developer/realtor would go out with his tape measure and mark off the individual lots when they sold. Of course, we had a drastic regional economic collapse in the mid/late 80s, so the land lost a lot of value and has only in the past several years started to sell again. Lots of new houses in this area in the past few years and ironically, both "don't show improvements on a boundary/improvement survey" are in this same area.
Being asked not to show a structure that is clear of all boundary lines and is "supposed to be moved" is one thing, but one straddling the boundary line is completely another.
Wow... I wonder what the next survey will bring for you?? You are getting some doozies!!
Laughing.........."I think they are worried it is going to affect their closing."
Duh!!
Dear Mr. Nold
> Wow, just got another request to not show a house, 7 feet over and straddling the boundary line on a boundary with improvements survey.
Dear Mr. Nold:
I have been informed that the survey you are providing mistakenly shows a property line running through a house. What sort of an Expert Measurer are you, anyway? All the other surveyors we deal with - real pros who give us same-day turnaround, I might add - know that the house bends the property line to the location where the earlier surveyor would obviously have intended to set his pins if he had known where the house would be built.
The seller has made arrangements to invest the proceeds of the sale in a highly lucrative direct-mail business and is concerned that this nit-picky stuff that you have called a "problem" will cause him to both lose the sale and his chances of becoming a millionaire by next year.
I trust on reflection that you will agree that there is no need to burden the prospective lender with all of the details that will just mess up their paperwork and possibly render the property unsaleable. Just so you know, the seller has been doing some reading on the internet and has asked me whether I think he ought to sue you for slander of title. I didn't want to give a definite answer until I gave you a fair chance to correct your work.
By the way, I've attached a copy of the Commitment for Title Insurance that we finally just found in the file. It all looks pretty routine, so I don't see any reason to show any of the items listed as exceptions on the survey map. The buyers are out of town and I think it will just confuse them.
So, the closing is tomorrow at 10 AM. If you'll email me a copy of your bill, I'll be sure to drop it off at the title company when I swing past to collect my commission check.
Thanks so much,
Dusty Witherspoon
Professional Property Agent
Tell them to attach wheels or tires under it and call it a mobile home and put on the plat that owner plans to move it in the future.
There are plenty tires available at some dust bowl town in Texas that Kent knows.
😉
Dear Mr. Nold
Occupation & Control! Occupation & Control! Correct the deed! Correct the deed!
Saw that coming, Steve
Both parties agree that the fence is casual. The 10 feet of mislocation would cause the new double wide to be pushed over into the other neighbor's yard. The offending home (or hovel) builder acknowledges his mistake and will be relocating the structure. I do not think any kind of posession rights have ripened. No correction is required because the adjoiners agree to the boundary location as originally described in the written record.
West Odessa
The area is West Odessa. A scrappy unincorporated suburb of about 9 miles wide 8 miles high and largely built in, on and around some of the original historic oilfields. The area has improved 1000% since I moved away from Odessa in 1990 (lots more commercial development and curb & gutter on several of the major thoroughfares) but is still rough in many places. These are independent people who either do not want to be inside the corporate limits or who can not afford to be in the city. There are some really nice million dollar plus estates and there are some hovels. There are some areas with really good surveying and monumentation in the ground and there are some that make you want to refuse any future projects out there. A working knowledge of Tex-Mex can be helpful.
You are now the "Go to Surveyor"
That first fellow that asked you not to show his mobile home on the property probably spent all night at the local watering hole bragging to his buddies that he finally found a surveyor that would do it the way he was told to. You messed up by not telling him immediately that you wouldn't do it his way, instead of coming on here and asking for a poll on whether or not to do it. Just pulling your chain here, Andy, I know that you didn't do it that way. But be forewarned, this kind of garbage seems to come in threes, so get ready for one more round!
Be sure to ask who it was that gave you as the surveyor to call so that you can give them a proper thanks for your most recent list of clients.
"Still not going to revise the survey plat."
Stick to your guns. But, 2 in 1 week? Is this from the same client? Same Title Co. involved, same attorney?...weird.
You are now the "Go to Surveyor"
I have a long-standing policy of not excluding improvements at the request of the client. I considered adding a note about not all improvements being shown, but otherwise would never excluded such a substantial improvement.
I know these requests are unrelated. The coincidence has happened because we have had several jobs in this area recently.
I appreciate the range of opinions, but seems like Dan got pretty PO'd from my lack of detail. I think these discussions would go better in person since I probably never type enough detail in my posts to satisfy.
As I am largely an independent surveyor, it is nice to be able to come here and bounce ideas around, but by and large I have an idea of what I will be doing before I ask the question.
I respectfully disagree. By all means show all encroachments both on and off the property, but there is no reason in hell you couldn't attach a note on the plan that "as per conversations with the client and at his direction the house purportedly will be moved be moved to a new location."
If you don't attach the note and the owner moves the building back onto the lot someone in the future may believe that you mis-located the building.
"Improvements not shown"
RFB
According to Knud, you should use the wording "warning:" and then the note, when you are omitting something the average person would expect on a plan or that is contrary to an expected professional standard.
RFB
THANKS!
I LIKE IT!
:beer:
