Buyer's Attorney Requests and Instrument Survey.

I'd be open to doing it still, even if it seems obvious what the issue is.?ÿ I'm guessing that there's no recent plan of the lot, and writing a corrective deed off of a mortgage survey seems like a need for a real boundary survey.

I've done a few surveys for prospective buyers.?ÿ And at least one of them didn't go through, and they still paid me.?ÿ

Maybe I'm misunderstanding something here, though

@jph?ÿ

I think that by "instrument survey", they meant paper survey. Sounds like a pretty easy fix but also like they don't want to shell out for an actual survey.

@rover83?ÿ

Actually, around here, (and I think the OP is somewhat in my area), an instrument survey means a real survey, where you take an instrument out.

@jph I haven't heard the term since I left the land of mortgage things (aka spots, mir, useless sketch).

If that is the case, good on the agent. Using a mortgage report to correct a description is asking to get hammered. It's like stitching up the entry wound on a gunshot and calling it good...?ÿ

Posted by: @jph

And at least one of them didn't go through, and they still paid me.?ÿ

I want to make it clear here that I wasn't doing any survey on a contingency basis.?ÿ Just meant that there could be some concern about not getting paid after a sale falls through, and the client isn't the actual owner of the property.

@jph?ÿ

I told them I am still open to doing the survey. It's just that they seem to have already determined there was a transcription error. I feel obligated to tell them that.

Since all the deeds prior and prior to 1970 use the distance of 19 feet it may have been a typographical error replacing the 1 with a 3 in the description. Also none of the distances are spelled out in the deed, they are just represented in numerical terms.

I think the corrective deed is still an option for them. However, there is no survey on record.

@jph Are mortgage surveys common in Mass??ÿ

I've seen a few around here that looked like a deed plot rotated to a rough occupation line (or an apparent monument).?ÿ Most look like they were done with a tape.?ÿ From what I recall they had a note on them stating "This is not an instrument survey".

I guess I don't understand the purpose of them.?ÿ I wouldn't think they would be worth anything if an issue ever arose.?ÿ

@csk21?ÿ

I don't know if they are common. I don't do them.

In most cases they are worthless. Once I refinanced my house and the bank was going to require one, but I refused.

@csk21?ÿ

I think they are.?ÿ I've never done one.?ÿ I've drawn a plan that was used in a mortgage transaction, but I'd already done a boundary survey of the property.

@rover83?ÿ

An "instrument" survey is a term that means an actual survey in this case. It's just funny how real estate agents and attorneys try to qualify the work with peculiar language.

@thebionicman?ÿ

Really?

That was some weird analogy.

Do you think this requires a survey even when all deeds prior disagree with one number?

The numbers are not spelled out in the deed. They are just expressed numerically.

The agent is not advising a survey be done. It is the buyer's attorney. I's a crock.?ÿ

On a similar note, I've had a couple requests where the clients (loggers on both occasions) stated that they "don't need an instrument survey just a compass survey".?ÿ

I took this to mean that they had no idea where the property lines were and wanted someone to point the finger at when they started cutting on the neighbors property but didn't want to pay to have an actual survey done.

On both occasions I quoted them the price of a full boundary survey and never heard back.

I know there are a few guys in the area that will do this kind of work but it just gives me an uneasy feeling.?ÿ

The requester is an attorney. Try to use his verbiage. Don't make assumptions. Ask him for his definition of an instrument survey. In many cases, he may not know but simply borrowed some language that sounded specific. In that case, tell him what your understanding of an instrument survey is and give him an estimate. Then follow the standards of practice for your jurisdiction, which, I hope, specify that a boundary survey by a licensed survey must be complete.

Posted by: @not-my-real-name

@rover83?ÿ

An "instrument" survey is a term that means an actual survey in this case. It's just funny how real estate agents and attorneys try to qualify the work with peculiar language.

Well I learned something new today. When I hear an attorney reference an instrument, I usually think of an executed written document.

@jacavell?ÿ

Thank you. That is a good idea. I have written to them to ask for clarification.

@csk21?ÿ

I'd never do that, especially knowing that they're gong to cut trees on one side of the line I mark.?ÿ One goof up will cost a lot.

I only know how to do boundary surveys.?ÿ If they want to use it for obtaining a mortgage that's their business.?ÿ?ÿ

Neither would I.?ÿ Like @fairbanksls said I only know how to do boundary surveys, so I quoted him for a $30K boundary survey and wasn't surprised when I didn't hear back.?ÿ?ÿ

@not-my-real-name There is one obvious error that has an apparent solution. If I am going to open up the deed to correct it, I'm going to make sure the fix is correct and complete.

I have one on my desk right now where a correction deed was filed to 'fix' a simple and obvious error. 15k later we have undone the fix and corrected the problem. So my analogy is spot on. Flip the patient over and check for an exit wound. Look inside because that little bitty hole in the front may be just the beginning...