I hear you, I spoke with a local Attorney and he said I needed an affidavitI was always under the impression that a Licensed Surveyors Stamp was a affidavit ?
As I previously stated,one Surveyor has the Wording a 3.32 tract part of a 3.8Tract.
then Vol & Pg. which identify the 1961 Deed
The other says 3.29 called 3.8
Is there a way to upload and Show legal Discription and Survey
Next to the "Post Reply" tab is an "Upload a File" tab.
This is the recent Survey, call 3.8 from the 1961 Deed ..My understanding is that because there was a 10 foot mis-closure the tract Surveyed to be a 3.3 tract.The County is not convinced
For some reason this whole discussion reminds me of all the crazy excuses title insurance companies can find to demand affidavits to clarify certain issues that could, in an extremely unlikely circumstance, cause a title problem.
One of my favorites involved a quit claim deed from a son to his mother. It was from him to her, giving up any claim he could make as an heir of his deceased father. About 20 years later a title company notes that the QCD did not contain the phrase: a single person. They needed to know if he was married on the date that he signed the QCD. Tracking him down took weeks. It turned out he had been married something like eight times and wasn't real clear on which periods of time he was single and which periods of time he was married, let alone to which wife. He finally signed an affidavit declaring he was single on that particular date. That satisfied the title company. It may not have been true but they had a way to throw the liability on him if any former spouse ever comes along to contest things.
Escaping liability was the only real issue. The facts were unimportant.
Holy Cow, post: 369767, member: 50 wrote: For some reason this whole discussion reminds me of all the crazy excuses title insurance companies can find to demand affidavits to clarify certain issues that could, in an extremely unlikely circumstance, cause a title problem.
One of my favorites involved a quit claim deed from a son to his mother. It was from him to her, giving up any claim he could make as an heir of his deceased father. About 20 years later a title company notes that the QCD did not contain the phrase: a single person. They needed to know if he was married on the date that he signed the QCD. Tracking him down took weeks. It turned out he had been married something like eight times and wasn't real clear on which periods of time he was single and which periods of time he was married, let alone to which wife. He finally signed an affidavit declaring he was single on that particular date. That satisfied the title company. It may not have been true but they had a way to throw the liability on him if any former spouse ever comes along to contest things.
Escaping liability was the only real issue. The facts were unimportant.
Sounds like typical title insurance policy stuff.
This matter could have easily been resolved.
Back in the Day,not to long ago a Government Official represented the People.11 Years ago a couple of TXDOT guys were Driving by seen me installing a Culvert Pipe in the Driveway they turned around.I thought for sure I was in trouble.
They simply asked me if I needed a Driveway Permit and what my address
was.I lived on the other side of the Lake at the time ,they Mailed me a Driveway Permit.
Today,I would get reprimanded and would have to wait over a Month..Times have changed.
This site has given valuable information..A real learning experience.
Earlier,a Gentlemen had said,that a Surveyors Stamp is as good as a affidavit ..Is this correct?
Sometimes an Attorney needs a Declaration signed under penalty of perjury that this is my survey. The survey is not admissible without a Declaration.
Try asking an Attorney to sign an affidavit or Declaration and you won't get anything.
According to my BOR, I am duly sworn to produce a truthful statement on my survey and drawing or else.
All I have ever had to do was to tell the court that what is in evidence is a result of my survey or not.
btw, I do realize this varies from State to State.......
I agree, the matter should not even be a issue
This is a County Employee that does adhere to the rules.He has chosen to impose his will and typical is not contested.This is probably why they have no Surveyor employeed by the CountyHe has been in this position for over 14 yrs.tenure
I just noticed that on the most recent Survey,the Surveyor originally worded the tract as all of the 3.8 and then changed it to part of the 3.8.What's the difference and why would they change it?
A Harris, post: 369784, member: 81 wrote: Try asking an Attorney to sign an affidavit or Declaration and you won't get anything.
According to my BOR, I am duly sworn to produce a truthful statement on my survey and drawing or else.
All I have ever had to do was to tell the court that what is in evidence is a result of my survey or not.
btw, I do realize this varies from State to State.......
It's not required for 99.99% of Surveys. The typical Surveyor's Statement doesn't include the words "under penalty of perjury."
The Attorney is probably just getting his ducks in a row.
The first time an Attorney asked me for a Declaration, I asked him why and he explained it to me. It's no big deal. It just says this is my survey.
The reason that County Official can dictate is because people rarely challenge, They will continue to overstep their authority as long as they are allowed.
True enough
When a rule is written
A tract is considered grandfathered
having Deed and Recorded pre 2010.
The County Official goes outside that rule
maintaining the tract was severed .
Michael harwell, post: 369791, member: 11340 wrote: I just noticed that on the most recent Survey,the Surveyor originally worded the tract as all of the 3.8 and then changed it to part of the 3.8.What's the difference and why would they change it?
In reality it is the remaining portion of the 3.8 acres as that tiny bit was excluded in the so called "preliminary survey" by the engineering company because of an apparent overlap in descriptions by different surveys.
That site needs a proper title search to resolve senior rights and to find out if any 10ft error is on paper or ground and for someone to actually produce an official "final survey".
Michael harwell, post: 369777, member: 11340 wrote: This site has given valuable information..A real learning experience.
Earlier,a Gentlemen had said,that a Surveyors Stamp is as good as a affidavit ..Is this correct?
I never said a survey stamp is as good or the same as an affidavit. Just I would not sign an affidavit since I stamped the survey.
This is why a Surveyor should have the last word.Licensed Surveyor vs Civil Engineer, which one knows more about Surveying?
Well, that depends.............................sorry, inside survey joke.
In truth, either one may have the superior knowledge if you pick a surveyor at random and an engineer at random. The title alone does not make the difference. Education and experience make the difference.