I have a client who is asking for a "report" with a 100% Certification that ALL easements on a parcels are listed.
I offered to obtain a Title Report and prepare a drawing showing all the survey related Schedule B items listed therein. Client says that's not good enough - he wants a 100% certification. I told him "Good Luck"!
Anybody here interested in providing a "100% Certification".
Are they wanting 100% on the title report listings or 100% of any and all easements?
> ..Anybody here interested in providing a "100% Certification".
Sure. As long as they certify to a hold-harmless agreement to me if I miss something.
100% of any and all easements
It's All About The Benjamin's
> Anybody here interested in providing a "100% Certification
> together with and subject to any and all easements of record
I'd certify to that slight modification. Other wise - no freaking way
That is likely not possible. You would need to be aware of all usage by adjoiners over the past 20 to 40 years. Children walking across the property on their way to school could create an easement. Verbal permission to allow a neighbor to park a vehicle or similar use could also create situations of which you have no knowledge. Tell the person requesting the certification you need them to provide legal statements from all owners and/or renters over a time period determined by state statues. The statements need to be that none of their actions have created easements. I would suggest that these be in the form of depositions with the questions asked by an experienced land title attorney.
Tell them they will be responsible for all of the expense of determining all persons to be questioned and taking the sworn statements. They will also need to certify to you that all owners, renters and persons that may have obtained easements have been questioned. Suggest they talk to an attorney about what will be involved.
Sounds like he may know about an easement on the property, and trying to set you up.
I hope you haven't already started work on this.
It's All About The Benjamin's
:good: :good:
Pay me enough to retire and we might have a deal.:snarky:
Tell them you will certify to all easements in the title report that they obtain and furnish to you.;-)
I would...
pay me 3 times as much as the property is worth, plus the value of any future gains in perpetuity. Then pay 100% of my legal costs to defend any lawsuit for this property. Then we might have a deal.