Naming the adjoiners will identify the owners who have the right to alter the location of the existing boundary. If an altered location occurs and a new adjoiner buys with the new boundary in place, that new adjoiner may have no right to object to the occupation line that was in place when they bought the land.
Remember , we are talking U.S. land law, not english. Here, owners have the unconditional right of disposition, (Check Black's definition of 'Fee Simple'), and the definiton of alienation recognizes: 'Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law.'.
Alienation
In real property law, the transfer of the property and possession of lands, tenaments, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and complete transfer from one person to another. Disposition by will. Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law. See also Restraint on alienation.
Restraint on Alienation
A provision in an instrument of conveyance which prohibits the grantee from selling or transfering the property which is the subject of the conveyance. Most such restraints are unenforceable as against public policy and the law's policy of free alienability of land. See restrictive covenant.
Any failure to recognize a new boundary made valid because of a statute of repose or limitation or any other restraint on alienation would violate our land law 'policy of free alienability of land'.
Richard Schaut
We all know that the ALTA/ACSM ALTA rules were modified in 2005 and the reason was due to State Regulations trumping ALTA standards. This is being overlooked by the attorney requesting the modification to your description.
Refer him to the first paragraph of the 2005 Minimum Standard Detail Requirements:
"It is recognized and understood that local and state standards or standards of care, which surveyors in those respective jurisdictions are bound by, may augment, or even require variations to the standards outlined herein. When conflicts between the standards outlined herein and any jurisdictional statutes or regulations occur, the more restrictive requirement shall apply.".
Everyone is using these standards to "require" all sorts of stuff that is not addressed in them. I find no place where it addresses legal description format or content. Same for listing the affect of the Schedule B, Part II exceptions.