I noticed that a plat I prepared in 2007 was recorded recently. Someone had used whiteout or similar to change the name in the caption. It was pretty obvious that it wasn't in original condition. They used a typewriter and didn't do a very good job of getting it aligned correctly and the font was nowhere close. I emailed the young lady in code enforcement, since she stamped it approved, and nicely let her know that it voids my seal, signature and liability. She immediately called me and said the original name was on the plat when she approved it. The statute of limitations has run it's course (6 years from date of work) but it bothers me that people do that and think nothing of it. Should I pursue this or just let it go?
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
I would record an affidavit detailing the situation and request that the registrar attach it to the plat or in some way reference it. You'll harm yourself more than the fraudster if you try to pursue justice.
I had not thought of that before, but is there a window where you have to record a plat before it becomes void?
I prepared an affidavit and will cross reference the plat when I record it. I have a suspicion that an attorney might have caused the change to be made. I wish I could prove it. Believe it or not, this is the third time (that I know of) someone recorded one of my plats that had been altered. One of the times, my seal and signature were cut off of an older survey and pasted to a map I knew nothing about. That firm no longer exists.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
My similar horror story is: Commercial plat with five lots and a strip dedicated for the wash. After I signed and sealed the plat someone altered it to remove the name of the plat, and showed the strip as the limit of the plat. I was beyond furious, but all I could do was file an affidavit.
My similar horror story is: Commercial plat with five lots and a strip dedicated for the wash. After I signed and sealed the plat someone altered it to remove the name of the plat, and showed the strip as the limit of the plat. I was beyond furious, but all I could do was file an affidavit.
Bruce, I prepared an "Affidavit for the record". Never thought about calling it a scrivener's affidavit. Does one hold more weight than the other? I wouldn't think so as they both are statements of fact cross referenced to the instrument in question.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
Do you record this in Land Records and have it indexed to the current owners so it tracks when a title search is done?
Yes, they are cross referenced to the offending document. Affidavits show up often when I'm researching for surveys.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"