ALTA & non-recorded easement

Has the necessary paperwork been executed between the parties concerning the easement? If not I would show them as proposed, if so I would show them as not yet recorded.

If there is no way of finding out I would still show that they were once proposed, but possibly not executed. Using something like "Proposed Easement as shown on exhibits prepared xx/xx/xxxx by Acme Surveying"...

> Our client is buying a piece of property we have done all the surveying on for years. The current owner is selling to our client, who wants an ALTA Survey. In the last 2 months we have prepared descriptions and exhibit maps for (1) an easement and (2) a ROW dedication. Apparently these have not been recorded because they are not in the title report. Am I required by ALTA Standards to show these two items even though they aren't recorded?

I would show them as a proposed or unrecorded easement.

What do you think will happen if they built something on the ROW and or easement and end up having to move it. I don't think yes I knew about the easement, I wrote the easement however I didn't show it because at the time of survey it was not filed, will get you out on any liability.

When in doubt, it's best to show it. Especially since you have prior knowledge.
In Alabama it makes no difference in the legality of a deed whether or not it is recorded as long as it has been signed by all affected parties.

"In Alabama it makes no difference in the legality of a deed whether or not it is recorded as long as it has been signed by all affected parties."

WHAT!! :-S How does that work?

The ALTA Standards I have state that I am to show information in "Record Documents" provided to the surveyor...

What Jim said.

Better to say "huh, it wasn't provided" than to say "well, I guess this is something".

ALTA and all their ever changing standards created this mess kit, all we can do is go by their rules if we want to be in bed with them. Per the standards we certify to - key words "as provided"

> The ALTA Standards I have state that I am to show information in "Record Documents" provided to the surveyor...

The ALTA Standards I have state that they are "minimum" standards.

> When in doubt, it's best to show it. Especially since you have prior knowledge.
> In Alabama it makes no difference in the legality of a deed whether or not it is recorded as long as it has been signed by all affected parties.

Virginia too. If a deed is signed by the grantor and the signature is notarized, it exists. Recording is not required to make it legal. Around here we call that a "pocket deed".

I fail to make any connection between "Minimum Standards" and unrecorded documents...

Does depicting unrecorded information (which my next door neighbor title officer says risks clouding the title) raise ones work above "Minimum"?

So how do you find these unrecorded documents?

> Our client is buying a piece of property we have done all the surveying on for years. The current owner is selling to our client, who wants an ALTA Survey. In the last 2 months we have prepared descriptions and exhibit maps for (1) an easement and (2) a ROW dedication. Apparently these have not been recorded because they are not in the title report. Am I required by ALTA Standards to show these two items even though they aren't recorded?

You should ask if the documents have been executed, and if they are in process.
If the answers are No, then do Not "show" them.

Ask the buyer, seller, title co., etc. Those docs could be for a dead project that never happened and will not go forward.
Do not muddy the waters with conjecture!

But it also has:

E. Easements and Servitudes
ii. Evidence of easements or servitudes not disclosed in the Record Documents provided to the surveyor, but observed in the process of conducting the survey, such as those created by roads; rights of way; water courses; ditches; drains; telephone, fiber optic lines, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property.

You know the right-of-way(s) exist and should be shown as: unrecorded, proposed, or known to you as created by_____ dated ______.

You don't unless someone makes you aware of them.
I haven't run across very many but have always understood that recording a document doesn't give it any more legal standing. A signed contract is just as binding whether or not it is publicly recorded.

In the case of an easement, you would probably never find it. Parcels of land are more common but still rare.

It takes a lot of luck to get your hands on this info.

Usually it is me stumbling on to rods with no explanation while working on a boundary survey. Then we call the client, former owners, neighbors, former owners of neighbors lands and so on. If we come up with a deed that is signed and notarized (hopefully with attached plat also unrecorded) we honor it. Then we beg them to record it, and make a copy for our records. Then we put a note on the plat, something like "see unrecorded deed dated xx/xx/xxxx in possession of xxxxxxxx".

It helps that there are only a few surveyors that work in my area regularly. Usually I can recognize their work and call them first. "Who did you do it for and when?" will tell me enough to find it.

For the record. I wish Virginia was a filing state. That would help.

One thing that makes this forum so interesting is that you usually get clear-cut answers. Some answers are a firm "yes" and some answers to the same question are a firm "no".

Terry - very interesting point! I have always thought of this paragraph in the light of observable physical evidence in the field, but not paper documents. Hmm...

Chris - very interesting stuff. The Arizona "Statute of Frauds" requires recording to validate a grant of easement or a transfer of property. i guess we had different forefathers... Its difficult for me to get my head around not publicly recording these...

I don't know this to be fact...but I believe the Civil War to be a factor in our situation here. Some court houses, such as Nottoway County's, were burned during the war. All records were lost. As a result Nottoway County records begin in 1865. I guess allowing the legality of "pocket deeds" was a necessary evil at the time.