It should have a lot of relevance. What do you mean by "the deed controls"? It was a survey done by a professional who expressed his opinion of what the boundary of the parcel should be. That carries weight. Although there may be other opinions, what this surveyor did, needs to be accepted unless it can be shown to be faulty without much doubt. The fact that he reached a conclusion and monumented that conclusion and it has existed for a period of time gives it a lot of relevance. It would take something extraordinary and obvious in my opinion to come up with a different result.
Thank you lurker for your input, the assessors site lists the deed, it is currently the only item of public record, that is referred to around here as the "record document" or the "controlling document"
Your comments along with bionicman and Ashtons get to what I was trying to figure out not saying that others did not provide insight but similar to the articles of construction where would this survey be placed in an order of importance and what would need to be done to get it there.
I'm not sure where the client is going with this but it'll be interesting to see what happens, it's been great talking with you guys.Will keep you posted.
I am curious, does every survey have to be notarized? If so I can only see one pro to having to do this, but there would be a lot of cons.
I can only speak for Vermont. As a notary, I have never been asked to notarize a survey plat. As a justice of the peace, I am a frequent visitor to the town clerk's vault, where survey plats are among the things stored. I have never seen a notarized survey plot.
In Alaska there is a common joke that you can record your shopping list if you have proper margins, and pay your fees.
Document must be signed, and all signatures present must be originals.
https://dnr.alaska.gov/ssd/recoff/docs/Minimum%20Criteria-RO.pdf
In Kansas, our deeds are notarized to verify that the notary knows the signers and that is who signed the deed. Surveys are not notarized.
Hello Sam, every survey does not need to be notarized. Signed/sealed meeting the Arizona minimum standards on Mylar. This is my first experience with these circumstances which prompted my initial question here. There is nothing written on the recorders site that addresses this. The requirement for the notarization came from the recorder after I asked if there was something specific that had to be done. Thanks
I found a web page from the Maricopa County Recorder with requirements for recording a map:
https://recorder.maricopa.gov/site/maprecordation.aspx
This web page does not mention a need for notarizations, although it does say "seals and signatures" and referes to ARS 11-480-A3. But that law only describes instruments, not maps, and requires they be no large than 8.5 X 14 in. It's 11-480 that covers maps and plats:
https://codes.findlaw.com/az/title-11-counties/az-rev-st-sect-11-481.html
I can only guess that rlshound went went to the recorder's office without the map in hand, and the wording of rlshound's conversation with the clerk made the clerk think of recording instruments instead of recording maps.
I also find the idea of a "current notarization" absurd. I've never encountered any state law that allows notarizations to expire. Notary commissions may expire, but the notarial act is valid forever as long as the notary's commission was in force at the time the notarization was made.
