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Another Erroneous Deed referencing the wrong adjoining lot, sorta kinda the same..
I have 2 adjoining subdivisions that were simultaneously created in 1910 as an overall development plan of a Park.
The whole Park was created on a flat table and didn’t take any of the terrain into account. Original Platted 50×100 rectangular lots and blocks laying on steep slopes and draws. Right of ways going up/down steep slopes with one main road mostly in a right of way. The majority of the Park is undeveloped except the 2 subdivisions I’m working in.
No real surveys happened until the 50’s and 60’s. One block has the northern tier of lots at 110+/- feet and the southern adjoining lots are at 100′ in depth from the earliest on the ground surveys.
A survey of a portion of the one block was completed in 1997 and shows set monuments across the road into another block. A total of about 20 lots altogether. It perpetuates the 110+/- lot depths.
Two homes were built using the 1997 survey and a few other lots were conveyed utilizing the 1997 survey.
Now the problem. The 1997 survey miss-labeled the lots by 2. Ie., Lot 10 was labeled as Lot 12.
One home is completely off the deeded 3 lots at the end of the block. The other home which is much larger is deeded 5 of the 50×100 lots and was laid out in error of 50′ and now encroaches onto my clients lot by +/-14′.
The 2 homes relied on the 1997 survey.
Most of the discovery of other/earlier surveys was made in the chain of title of various lots. Some deeds have survey sketches attached, but the surveys were not found in the county survey records.
The other remaining homes/cabins were built prior to the 1997 survey. These cabins are like weekend get-a-ways.
I’m about to finalize my survey and deliver to my client with an invoice. She knows it’s above my original estimate. I have communicated often with her about the issues and have met with her at her property a few times. I know that once she gets a certified and stamped survey from me SWHTF!
What I thought was going to be a 2 week survey has turned into 4 months since I started it. I’ve talked with one surveyor who completed a survey in my block last year and he turned down my client and referred her to me. He knew there was a problem and now he knows he has a problem with his last survey. Just last night he emailed me asking if he needs to revisit his survey. I told him I can’t ignore the evidence I found and will send him a copy of my survey for him to decide if he should.
When I am ready to wet seal and sign my survey, I will ask myself one last time, can I defend this in Court? So far, I believe I can.
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1 Reply
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I feel your pain. There is a tiny 5-lot subivision in a nearby city. Somehow Lot 1 became Lot 5 and Lot 2 became Lot 4. Lot 3 works either way. Lot 4 became Lot 2 and Lot 5 became Lot 1
Screwy as all get out. When a deed says Lot 5, they are referring to Lot 1 on the official plat.
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