The Surveyor who Provided the legal description of our Property left a (possible gap) clause on Our Survey..This was between our Neighbors..
Previous Years,the same Surveyor had Surveyed the Neighbors Property...This was a 50 foot ingress/egress...
Is the Surveyor responsible to resolve this gap?
Ingress and egress would be an easement. Your common boundary is the same - subject to the 50' right of passage. That is, no permanent structures within that strip. It's possible that the 50' strip is centered on your common property line. Did you receive a map or drawing showing this?
Michael harwell, post: 392885, member: 11340 wrote: The Surveyor who Provided the legal description of our Property left a (possible gap) clause on Our Survey..This was between our Neighbors..
Previous Years,the same Surveyor had Surveyed the Neighbors Property...This was a 50 foot ingress/egress...
Is the Surveyor responsible to resolve this gap?
Over the years I have found several locations where the descriptions on record, prior to my work, disagreed. I most states anyone can write a description and a survey is not required. The result is a bit like the old story of a group of blind men describing an elephant. Although each description is the honest opinion of the writer it may be that none of them provide the full picture of what exists. One of the gaps that I encountered was the result of errors made before the Civil War by a court settlement dividing an estate. No survey and even the judge got it wrong.
Surveyors should examine the descriptions of all properties adjoining yours and understand the full picture. However the surveyor is not able to resolve the problems without the agreement of all property owners involved. It is advisable that each property owner be advised by an attorney.
I've never seen a "possible gap" clause.
Matt,
I include a "gap" disclaimer all the time wherein I refer to the distance between my brain and my skull.
JRC
Michael harwell, post: 392885, member: 11340 wrote: The Surveyor who Provided the legal description of our Property left a (possible gap) clause on Our Survey..This was between our Neighbors..
Previous Years,the same Surveyor had Surveyed the Neighbors Property...This was a 50 foot ingress/egress...
Is the Surveyor responsible to resolve this gap?
It sounds like Warren Smith might have figured out what you are thinking is a possible gap. You might provide a sketch or the legal descriptions and point out what you are thinking is a possible gap so someone here might be able to explain it better. And/or call the surveyor who wrote the description; s/he might be able to clarify for you.
Provide an excerpt of the "Gap Clause" you are concerned about and you will probably get some relevant comments.
Hopefully you have first contacted this surveyor and requested clarification before coming here?
The Surveyor left a Gap between my Tract and my Neighbors tract.My Neighbors was Surveyed first.
The Previous Owners that Owned our Property, had a larger tract and wanted to carve out 10 acres out of it to sell.
The Surveyor Surveyed 10 acres out of the larger tract of land and we bought it.
The Surveyor left a gap between our Property and our Neighbors.
Should he of closed this gap.It's 2 to 5 feet wide,the Surveyor says he's not sure?
You mentioned ingress/egress, and that is why I thought what you called a gap was an easement. It sounds like the owner might have reserved a strip of land for himself (possibly for being able to access a property that would require taking that path? It would be good to try to figure out why that gap was created, to better understand the intent of the deeds. Your deed could possibly have language like "thence {bearing and distance} to the [adjoiner's line]" or he could have had wording in the legal description "to a point 5' from the [adjoiner's line], thence on a line parallel to said [adjoiner's line] xx distance.
It sounds like neither of the scenarios were used, though, if the surveyor didn't know for sure what the intent was. If you thought it was a mistake, and you can find the previous owner one of you could possibly ask him to deed you the gap....
None of us advise you completely what to do without viewing some of the documents.
Michael, will you post the wording of the Gap Clause?
Tom Adams, post: 393390, member: 7285 wrote: You mentioned ingress/egress, and that is why I thought what you called a gap was an easement. It sounds like the owner might have reserved a strip of land for himself (possibly for being able to access a property that would require taking that path? It would be good to try to figure out why that gap was created, to better understand the intent of the deeds. Your deed could possibly have language like "thence {bearing and distance} to the [adjoiner's line]" or he could have had wording in the legal description "to a point 5' from the [adjoiner's line], thence on a line parallel to said [adjoiner's line] xx distance.
It sounds like neither of the scenarios were used, though, if the surveyor didn't know for sure what the intent was. If you thought it was a mistake, and you can find the previous owner one of you could possibly ask him to deed you the gap....
None of us advise you completely what to do without viewing some of the documents.
According to the Surveyor the (possible Gap) was (probably) part of a much larger tract many many Years ago..The problem I have is the County Engineer is not going to recognize a 3.8 tract inside my 10 acre tract unless this gap is resolved.The 3.8 is a corner tract.
The same Surveyor Surveyed both our Properties and left this gap between them.There is no Owner.My Neighbor has recently purchased the land and to date has not responded.
Michael harwell, post: 393407, member: 11340 wrote: According to the Surveyor the (possible Gap) was (probably) part of a much larger tract many many Years ago..The problem I have is the County Engineer is not going to recognize a 3.8 tract inside my 10 acre tract unless this gap is resolved.The 3.8 is a corner tract.
The same Surveyor Surveyed both our Properties and left this gap between them.There is no Owner.My Neighbor has recently purchased the land and to date has not responded.
Legally speaking, there is no gap. If your tract was cut out of a larger tract, and your tract does not extend to the parent tract line, then the owner of the remainder of the property owns the gap.
Your situation is a prime example of why I hate planning and zoning. If there truly is a gap there, it's not your problem, and it certainly isn't the business of the engineer. If he doesn't want a gap there, he shouldn't have allowed it to be created years ago.
The intent of the Grantor will decide where the boundary exists.
A proper metes and bounds description should call for the location to exist with the parent tract when that is the intent.
Sometimes close is evidence of intent. When the gap is uniform and wide enough to be a path and can be proven to be a path, then the gap is a path.
I would need to research the chain of deeds form the creation of the parent tract leading to the creation of your two or more deeds and read each of them to be able to make any decision.
One of my latest projects covers several hundred acres of land that was self measured since the 1920s and the distances mean nothing as nothing relates to where anything is on the ground.
What is contained within fences is very close to what was granted.
Simply because a distance is measured from a far monument to the east and another was measured from a far monument to the west and there remains a gap does not mean there is a gap.
A gap would exist when the Grantor's intent created a gap.
:8ball::bomb::dizzy:
Tom Adams, post: 392991, member: 7285 wrote: It sounds like Warren Smith might have figured out what you are thinking is a possible gap. You might provide a sketch or the legal descriptions and point out what you are thinking is a possible gap so someone here might be able to explain it better. And/or call the surveyor who wrote the description; s/he might be able to clarify for you.
Michael harwell, post: 393427, member: 11340 wrote:
Here is the Survey, please note the possible gap clause you may have to zoom in.. Also note the disclaimer on Survey, This Surveyor has not conducted a Title Search to depict matters of records etc.. Under the Texas Administration Code 663.13 it says your suppose to search the foot steps to find the History of the previous Surveyors...
The Surveyor does not take respondsibility and wants me to Pay Him to reset points and get a Real Estate Attorney to draw up a Boundary Line agreement with my Neighbor..
