If you found a transcription error in a deed that was recorded last week, would you call the attorney's office and tell them? Basically, they meant to copy the previous description, but they inserted an extra call. It's a rather obvious error.
If they were my client or if I had a professional relationship with them on other projects.
I wouldn't call unless I knew them.
> If you found a transcription error in a deed that was recorded last week, would you call the attorney's office and tell them? Basically, they meant to copy the previous description, but they inserted an extra call. It's a rather obvious error.
In general, I would say yes. Especially if it's an office that you know or expect to have any dealings with. You come out as the good, AWARE guy. You know not to belittle them over it, just let them know a mistake was made. Hopefully a simple Deed of Correction would clear it all up.
Yes! They can record an affidavit correcting the 'scrivener's error'.
Be sure that you don't impute that the 'record' description is the one that should be recorded.
If they ask you to provide the 'correct' description, make sure that you furnish the description that correctly identifies the legal property lines, (these are not necessarily the 'deed' lines).
If the situation is such that you were furnished the document for revue after recording, the lawyer may have some idea that the old record description is not sufficiently accurate to identify the legal boundary, (not necessarily the old deed lines)), and wants to be sure that you are 'on the hook' without the expense of a 'full survey'.
Richard Schaut
I would let them know. I would hate for someone to spot a mistake on one of my surveys and not give me the opportunity to correct it.
Yes. Fix it while it's fresh no matter who is involved if you find it. A simple corrective deed to fix a scriveners error is very easy to file in Okie. Pick up the phone.
Agree. Contact them. I sure would appreciate such a call if I were the one who made the error. The sooner it gets fixed, the better.
Great marketing opportunity. Call them and let them know what you found.
Sounds like the lawyer's office created the blunder, not the surveyor.
But the lawyers seem to more likely leave out a call when they mis-copy an existing description.
Yes ! But, Maybe Not Again.
Last spring I was asked to survey Lot 3 (a flag lot) for house construction on a recent 3 lot subdivision. I find a distance error on Lot 3 deed and the same error on subdivision map. I can easily figure it out, yet since parcel is yet to be conveyed to my client I go through their attorney who contacts subdivider(client's mother-in-law)'s attorney to contact surveyor. Since PA counties are reluctant to record surveys it is decided filed map surveyor will correct subdivision map, make explanations to township and gather up all signatures and refile. While that gets done I resurvey and find several new corner's set well out of position. All onsite agree they no longer want to deal with subdividing surveyor and that I will set correct pins as well as 3 along the flag line.
At this point Lot 1 is sold to sudivider's boyfriend to build a house on, I am asked to do house construction site plan. Fairly simple existing septic system from previous trailer is OK, and while trailer was connected to well on Lot 2, the subdivision approval required the house to be hooked up to a short extension to public water. I keep driveway access point the same.
Meanwhile Lot 3 does not get transferred because the county decides it is not important to hasten the map filing process. Finally my description reflects corrected outbounds and references to prior and corrected filed maps. Client however decides to not drill a new well and I do a site plan for house on Lot 2, were developer lives in second trailer. Lot 3 instead gets transfered to developer and daughter. Site plan requires revisions and delays for aproval because what was OK on Lot 1 is now not OK on Lot 2. The Lot 2 trailer accessed the road via a driveway in the Lot 3 flag, but now a new driveway must be created. That could have been easily addressed at the Planning Board stage but that is well past. Then the township will not allow the trailer to be removed for house construction but must instead it must be demolished on site. Developer and/or boyfriend buy a large travel trailer to live in. Since the house on Lot 2 did not get started in 2010 and with 2011 rain delays, client will not be able to move in to start new school year in new school district.
Extra work and expense for all, I encompassed 7 adjacent lots. I had quoted lump sum on the survey and site plan and did pin setting at cost to make sure it was right. BTW, while I am not on the filed map, "I set the controlling pins for the subdividing owner." Hopefully the evidence trail is sufficient for those following.
Paul in PA
> . . . If the situation is such that you were furnished the document for revue after recording, . . .
>
> Richard Schaut
I may have discovered an error in your post, did you mean "review" instead of "revue" in the above snippet? It changes the meaning in a quite entertaining way.
Should I report it to you or keep silent on the matter?
> Yes. Fix it while it's fresh no matter who is involved if you find it. A simple corrective deed to fix a scriveners error is very easy to file in Okie. Pick up the phone.
I completely agree with Deral. It's always easy to fix issues before they arise. Besides, you might just make a new client in the process.
JBS
40 years of deed and title work has led me to the conclusion that all law schools teach that when preparing a deed, do strip all calls for monuments. Many teach to ignore calls for lots and blocks. Get the bearings and distances you need from the assessors plat and write a meets and bounds. Just too many act that way. These proceedures will help to insure you and your fellow lawyers have best potential for
future fees.
Your assignment, if you decide to accept it, is to find the best evidence. This communication will be destroyed in 5 seconds...4..3...2..1..smoke.
