I have an ALTA where the subject property has easements not list in the schedule B. Some service subject property and some service us and an adjoiner. I found them on older previous survey maps, we researched. Do I list them under encroachments???
Thank you
We normally don't call them out as encroachments, but do show them and any recording info or a note as to where you found them. When the title company reviews it, they will probably add it to a revised commitment.
Encroachments imply an unlawful use of another's property. You have easements that were not discovered during the title search, not encroachments.... As Paul said, show the recording information on the plan...
Thanks
Maybe "encumbrance" might be a good word.
I would show the graphically (if possible), and also list them as "Additional Encumberances" or similar near the schedule B items. Be sure they're clearly noticible to the title co. You'll probably end up having to revise the schedule B shortly after submittion. That's my experience with similar situations.
I never call any overlap or used area as an encroachment and I rarely utter the word out loud and then I am mostly saying "no it is not an encroachment".
Once that determination has been made by someone, it is usually too late to fix it in any reasonable and affordable manner.
Show what you find and give a reference to its recorded public information and mention any other source for what it actually is.
Unless my fee justifies that I make that judgement, I'm not going to give it away for free.
0.02
The existance of an "encroachment" is a legal matter and not a survey matter. Show the location and references of the additional data and let it go at that. Bad title searches are not that unusual. Let the lawyers straighten it out and call it what they want. That's why they get the BIG bucks. You have clients that whine about your prices, but not many people whine at the lawyers or abstractors for over priced, incomplete work. They are "professionals" you see. :-@
Don, are you still checking this site while in Iceland or are you back in the beautiful warm weather of Cape Cod? Was at Disney World on Friday and ran into the Defense coach for the Pats. I didn't know him, but Kara's cousin did (Bostonite). was pretty cool and talked for a little bit.
Contact Title Co. and ask them if they are aware of them. They may or may not be. They may or may not want to amend the Title Report/Commitment. If they add them then the title officer should thank you and take you to lunch. They will probably think of you first next time a client asks them for a reference for a good surveyor. If they do not want them shown, you should not show them, as the map and the Commitment are integral parts of each other, and need to match. You should notify your client if this occurs so that they are aware of them.
