I performed a survey of an existing boundary and found the town had paved a street on my client??s property. The property area is less than half of one acre and about 90% of the paved road is crossing the boundary. This would amount to approximately 12 percent of the client??s property being used as a public way.
The situation was explained to the owner and the survey was recorded. I gave copies of the survey to the town Highway Superintendent, and painted the boundary line on the pavement between the corners that were set. The Highway Superintendent feigned concern, but has done nothing.
A while later the client sold the property. The deed of conveyance does not mention the survey that I performed. It does refer to an older survey that also shows the pavement, but notes that it is a driveway.
The street is not a driveway and it is being used by the public. Besides, there is a county layout in the record for the street dating back to 1946. The street is almost entirely outside the layout lines.
I wanted to speak with the new owners to see if they are aware of the situation and if they are aware of the survey I performed for the previous owner, but my assistant told me it is no longer my problem. I am inclined to believe the previous owner and their attorney misled the people buying this property by not disclosing the survey in order to sell.
Would you contact the new owners?
Would you contact the new owners?
No, I would MYOB. ?????ÿ
I probably would not, but that's just personal judgement.?ÿ I have seen a plethora of 'land mines' hidden within real estate deals after I have done a proper survey that was buried in a drawer and ignored.
At some point in time you have to let people do what they wish.
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Without knowing everything.
You filed your survey as a public record.?ÿ
My inclination is to stand by that and leave it there.?ÿ
It's frustrating that the landowner didn't pursue correcting the encroachment, but surveyors have a limited responsibility and authority. It's up to the landowners to enforce their rights.?ÿ
Thank you everyone. I guess I should never doubt my assistant.
I am inclined to believe the previous owner and their attorney misled the people buying this property by not disclosing the survey in order to sell.
You say you recorded it, right??ÿ Then it is disclosed.?ÿ It seems either the people didn't know or bother to check the public record for this property, or they did not care about the encroachment.?ÿ I think I wouldn't worry about it if I were you.
This backs up thesis that surveyors are trouble makers. The world would be better off without them. 😉
(humor alert)
N
This backs up thesis that surveyors are trouble makers. The world would be better off without them. 😉
(humor alert)
N
To flesh this out a bit more. If I took the position to inform the new buyers, all I would do all day long is inform people about issues similar to yours. If you do this long enough it will happen over and over.?ÿ
Look at the bright side of things.?ÿ The tract is not landlocked.
You filed your survey as a public record.?ÿ?ÿ
Assuming the purchaser obtained a Title Report (pretty much required if they're financing the purchase) they should be well aware of your survey.
Just for grins, where does the county GIS place the property lines. Someone else had got to be wondering that too.
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The town has a GIS and shows the boundary near the edge of the house so the pavement is not over the line. How convenient.
What seems to be the standard case around here is that the borrowers gets stuck paying for the title policy to cover the lender but all too frequently do not pay a little extra to also have an owners' title policy issued to them.?ÿ Thus, they may or may not come into possession of the results of the title work.?ÿ They are lulled into assuming that whatever satisfies the lender will cover them as well.?ÿ WRONG!
They remember paying for something that was supposed to protect them, but it really doesn't.?ÿ It only covers the lender's butt.?ÿ They walk away from the closing feeling comfortable, but shouldn't.?ÿ In the big scheme of things, paying a bit extra at the time to add an owners' policy is a no-brainer.
