Hello,
Hope all is well with all of you, I have a potential client who has a Record of Survey from 1999 signed and sealed by a registered professional surveyor who they had hired to survey their property. It was not recorded at the time of the survey and our fellow surveyor passed away in 2023. They would like to record that now because they are trying to sell their property.
Has anyone encountered this before? Maricopa County Recorder says that the survey can be recorded as long as it has a current notarization. Your thoughts would be appreciated.
Thank You!
Paul
No problem whatsoever. As a reviewer, I simply turn and hand it back to the Register of Deeds and say, "Record it, as is."
By notarization do they mean the suveyor's seal and signature? That should have been current at that time but logically there should be no requirement for anything to meet current dates.
Your post is a bit confusing as you say that it was a record survey that needs to filed. The signature and seal should be sufficient to get the filing done if there is no age limit on the survey.
I don't work in a filing state, but basically, if you are trying to do anything where a survey is required, that survey has a one year age before being required to be updated. If the person who signed and sealed it passes years earlier, that would require a whole new survey, unless the company that he worked for has somebody who will accept his work, without putting in the effort to make sure nothing has changed over time.
It is a document and is made a public record by recording it. Why would anything else be relevant?
Thanks Cow
Thanks Bill, the survey was sealed and signed in 1999. The recorder said they needed to have it notarized prior to recording. Still researching that.
Thanks Chris, sorry about the wording, around here we have a "Record of Survey" and also a "Results of Survey". The said document was an unrecorded " Record of Survey"
Here in Oregon deeds and documents are "recorded" in County Recorders records, and Records of Survey are "filed" in the County Surveyors Records. Subdivision plats are both recorded and filed, but since the "recorded" versions are reduced to letter size, everybody relies on the full sized "filed" version in the survey records for use.
It regularly happens that surveys get filed after the surveyor has long retired and/or passed on to his reward. Things that were in progress when the music stopped, as it were. I was just looking at such a one just yesterday. There are a lot of them from the files of surveyors who were in practice before the recording laws came in force in the '40s whose files were donated to the County Surveyors by the heirs much later. In some cases the county surveyor adds a note of explanation.
Thanks lurker,
How much relevance does this survey now have? Will it accompany the existing recorded deed at the assessors which controls.
Hey Norman, without working that area might be confusing, Thanks for clarifying that, it's very interesting what you find, Thanks Again
Without state context, it's tough to say, but there may be a workaround.
Have the owner draft an affidavit explaining the circumstances and record that. Include the survey as an attachment to the recording. That gets around the age of notary issue. Of course it may have size problems.. If that works make (bold, large typeface) reference to that record on your survey. That brings that survey information into the pedigree of relevant lines and corners.
Again, without knowing the state I may be off the mark...
As a Vermont notary I would be interested how this turns out. One issue notaries have with notarial acts on survey plats is that the ink stamps used by most notaries will not be absorbed if it is mylar. Another issue is that some living person would have to decide what notarial act is desired, write whatever is pertinent on the survey, and go before the notary for the notarial act.
Thanks for your input Bionicman, it's Maricopa County, Arizona
Thanks Ashton, it's either a 24×36 or 18x24 on Mylar. The information you mentioned to be associated would be part of a statement along where the notary would sign? Will keep you posted how this works out, Thanks again,Paul