Hello few surveyors,
I have a client (Named Joe) who would like to sell 4 acres to the adjacent land owner (Dale). Dale currently owns Lot 1.
The new lot will be designated as Lot 3. Lot 1 has road access. Lot 3 has no access to the road.?ÿ
The intention is that if the Dale sells his property in a few years, Lot 1 and Lot 3 would need to be sold together.?ÿ
I think the wording I am looking for is 'Lot 3 is contingent to Lot 1.' I would like to add this note to the plat to satisfy the Zoning Administrator's request and clarify the intent of the survey.
It is tricky to look up the meaning of a word without knowing the word you are trying use!
So my questions are:
1. Am I using the word 'contingent' correctly?
2. Does anyone have a resource they can share that would help me identify the correct word by searching the mean?
Thank you in advance,
Dan
I believe the word you are thinking of in contiguous, however, to solve the issue, why not do a lot consolidation plan to remove the common property line?
contiguous
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Two things that are touching are contiguous.?ÿ If action A depends on condition B, then A is contingent on B.
If you're linking the sale of one to the sale of the other, then the sale of lot one is contingent upon the buyer also buying lot 2.
I would possibly use the word bound to indicate that the conveyance of Lot 1 is now bound by the simultaneous conveyance of Lot 3.?ÿ Lot 3 can be sold back to the owner from which it was separated or it can be sold simultaneously with the sale of Lot 1 to the same buyer.?ÿ Lot 1 is to be legally constrained such that it can not be separated from Lot 3 but Lot 3 has one other option available.
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Definition of?ÿbound
Whatever you do, don't mix the practice of law with the practice of land surveying if you don't have the requisite expertise in both.?ÿ
I'm going to assume that the local planning board has some language for this purpose. I copy and paste a word salad they have concocted for these situations on each plat when there are similar grants.?ÿ
If your local planners don't have something to slap on the plat you may want to be careful about putting yourself in position to tell the owner how to dispose of his property in the future.?ÿ
Yeah, this is my thinking - why do I care??ÿ
I'm surveying the lot.?ÿ This is something that should be in the deed, not really part of the survey.?ÿ At least in my area.
Agree that this would not normally be mentioned on a survey plat.?ÿ However, if the simultaneous goal is to satisfy some so-called authority to whom the client must submit your product, then move forward with caution.
When does placing a note on a plat at the request of and with the signed approval of the regulating authority become the practice of law?
The OP in this process is acting on behalf of his client and unless this is a backroom deal he is acting with the knowledge of his client.
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@skeeter1996 that may the nomenclature in your geographic area.?ÿ My area of practice is throughout the state of New Jersey and in NJ, it's called a lot consolidation that can be filed by either plan or deed.?ÿ The 13 original states work on different land system than the rest of the country and our terminology and methods are quite different.?ÿ I struggled a bit on the National portion of my LS exam when it came to questions related to the public land surveying system because my only knowledge of it came from the text books.
County Planners are forcing Surveyors to practice law. Title Company are discontinuing writing deeds, they expect the Surveyor to write them. We are being forced to make decisions of law alot more lately. If you make a decision not to honor a found pin, you're practicing law.
Earlier today I told a couple that "I am not an attorney and I've never played one on TV."?ÿ They have a legal issue, not a survey issue, and I was making it abundantly clear that they needed an attorney who enjoys real estate law, not just any attorney.?ÿ They agreed maybe they should do that as they were showing me a letter their idiot neighbor had paid an attorney to send to them.?ÿ I explained that was sort of like old naval battles where one side would fire one across the bow to let you know they were dead serious about hitting you if you didn't surrender to them.?ÿ The only good news was the attorney who wrote the letter doesn't know beans about real estate law, although he thinks he does just because he had enough money backing him to keep him in law school until the school would give him a degree just to get rid of him.
Lawyers write some of the poorest descriptions I've read.?ÿ Gurden H. Wattles book "Writing Legal Descriptions" was targeted at Land Surveyors.?ÿ It seems to me that the people that have to retrace those descriptions would be the most qualified to write them.?ÿ?ÿ
If writing legal descriptions was practicing law the lawyers in the metes and bounds states would be writing them.?ÿ Thankfully most are not.
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Dealing with local platting boards/zoning/planning department ?ÿis a natural service for Land surveyors and is a service provided by land surveyors in diverse parts of the country. Who do you send clients to in your part of the world??ÿ
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Yeah, some surveyors seem to have a very broad definition of practice law and a very narrow definition of being a surveyor. These situations certainly can turn into the realm for an attorney if the client thinks the law or constitution is not being followed, but I always saw part of the surveyors role as helping clients avoid the legal system.
Of course it is completely understanble for a surveyor to make the choice not to deal with local governments for their clients. It can be infuriating (but it rarely requires an attorney).?ÿ?ÿ
@aliquot I can't answer for JPH, but in Mass. a lot consolidation does not require any government review. Show the lots combined into one on a "no new lot lines" plan, and the surveyor is done. One can file it as an "approval not required" plan for the Planning Board to review, but why bother, unless one is looking to score the benefit of a temporary freeze on zoning changes?