If there are no mortgage holders involved, this can be handled easy as pie here. If the corners are all marked such that even a layman could whip out the description, someone will type up a deed, quiet title or general warranty, and get it filed. Boom! It's done.
The mortgage issue is one reason why I suggested a boundary agreement enforced by Judgment. The mortgage holder has no right of possession so they can't prevent a boundary agreement if the boundary location is unknown to the owners and State law allows for subjective uncertainty. The mortgage holder can probably only get involved if there is waste, for example, if someone tries to boundary agree away a substantial percentage of their mortgaged property. It really is only an issue if a boundary line adjustment is undertaken or the lender forecloses.
I've noticed that the easy way to shut down the regulators about all the little processes is to hand them a court ordered deed.
Just last week we got a court ordered water right allocation.
Changing water allocations is generally a massive undertaking, meetings, petitions, consents sent to who knows how many users.
Guy walks in the office with a court decree (from a different state) and says that's his new water allocation, we discuss it with the local and state offices (at first they balked till they talked to their attorney) and sure enough, it bypasses all the hoops, easy.
I would have no problem discussing that approach with the client.
I have been involved with these types of surveys on several occasions. I don't like it and would step away if the conditions are not up to my standards. Everyone involved from the property owners, lawyers and mortgage holders are on notice that the transaction may create a clouded title (in my opinion). I will not get involved if there is a deed of trust on any of the properties as usually the language therein restricts one of the parties from going through this process, or any boundary adjustment process, without notification and release from the DOT.
Secondly, I will not get involved unless the parcel is staked and a record of survey is filed. I don't know what a "full Record of Survey" is? It sounds like the lawyers (shocking) only want the half or less than "full" (complete) type of survey. There is only one kind of survey that conforms with our state law that allows for recording a survey.
There is nothing wrong with the high road in this business.
It's my land free and clear. If I want to give a chunk of it to someone else, that's my business.
Can you tell I do not cotton to all this BS where everyone else in the world thinks they have the right to MY property? Next time I need a new flatscreen TV I'll simply take one out of someone else's house.
I passed on it. Didn't like getting a "hurry up" email.