A well structured agreement isn't a huge time investment. The QCD may achieve some mechanical fix but does not lend any clarity to the situation. It's just another deed in a pile of crappy and confusing deeds..
Stupid question:?ÿ
Can an administrative solution like a formal BLA or similar from all effected parties come to a solution with this or do the banks and title companies actually hold this much power and swagger to avoid previous poor decisions and just sit steadfast and grind these processes to a halt by effectively folding their arms and just saying 'no we're not going to play unless you at our way only'.
In the end, the professional decisions of licensed surveyors need to be relied upon, not business practices of financial institutions, and title clerks and staff need to be held to higher standards or even punished for practicing quasi law or quasi surveying.?ÿ?ÿ
Interesting thread for me after only one legal principles and boundaries course and writing a few under a few surveyors.
this site rocks!!
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I have shared this story before.?ÿ Over 30 years ago I was hired by a title company to perform a mortgagee title inspection of a double-wide on a few acres.?ÿ Not a true survey.?ÿ Just show whether or not the house and a small horse barn were on the property.?ÿ Based on the deed, the horse barn wasn't on the property, the double-wide was on the property and about half of the neighbor's house was on the property.?ÿ Something like that.?ÿ Details get fuzzy over the decades.?ÿ This turned into a full-blown boundary survey to get the description to match the intended location.?ÿ Something like 198 feet difference fixed things.?ÿ Well, except the adjoiner surrounding the few acres had to agree and his lender had to agree.?ÿ Also, the buyer of the tract with the double-wide and his lender had to agree.?ÿ Also, the seller had to agree, along with his lender.?ÿ The amazing thing was that the current owner of the tract, the buyer of the tract and the adjoiner all had the same lender.?ÿ What a gawdawful mess it would have been if there had been three different lenders who all had to agree.
To make it even better, the adjoiner was the one who had the small tract created by a drug-store surveyor in the first place and had the double-wide installed as his home.?ÿ His parents owned the remainder of the quarter section.?ÿ When his parents died, he moved into their house and sold the tract with the double-wide to someone else before the current seller.
You don't have to make up stories like this, because they really do exist.
@scott-bordenet?ÿ written acceptance isn't required by any states Statute of Frauds that I know of. "Dellivery" is, but delivery doesn't mean a physical handing off of the deed, it is an intention on the part of the grantee. So use of a granted property would be proof of delivery everywhere that I am familiar with.?ÿ
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As we know, there doesn't even need to be a written grant to transfer property.?ÿ
The title people of two recent surveys I did were very on-board to remove contested areas from sale for descriptions I wrote. In one case there was a 100' overlap created by a very bad government re-survey. This survey caused havoc for decades and granting to the neighbors line will fix it forever. Also this survey was the remaining part of a larger deed which granted all of it's original deed west of a county road to another neighbor. Then that neighbor had a survey done that went to the west right of way line. My client really doesn't own past the centerline from the grant to the west neighbor, I called to the centerline, so a "gap" was created.
Another survey had the east line in question, competing surveys created a 15' overlap and the new description is to the west line of the neighbor, leaving a jog in the east line. For the new owner of the parcel it will be "clean", monumented, with an ROS to cover each issue and without title encumbrances.?ÿ?ÿ
Sending out a quit claim deed may also create an illegal subdivision depending on the zoning rules. It would be an illegal tract here without an exception such as BLA, court decree, ect. Imagine, you quit claim a parcel to the neighbor, years later the neighbor tries to get a building permit for a barn and is denied for something they didn't know about.?ÿ
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The age old question? ?ÿDo you survey the deed line or the line of ownership. By surveying the line of ownership based on long standing occupation there will be no overlap. I personally don??t think there needs to be a quit claim deed. ?ÿAll the title company and bank needs to be concerned with is having clear title to the lands included in your survey. Sounds like you??ve got that. ?ÿ
Delivery constructively takes place on the filing.?ÿ Acceptance is then a rebuttable presumption.?ÿ If an issue arises the grantee would merely need to deny acceptance.?ÿ We would just file the map and new description.?ÿ Title company would except coverage for the perceived overlap area per a description provided by surveyor if needed, and bank would place lien on only that covered by the survey and new description.?ÿ I don't see why a quit claim is needed, but don't see why you couldn't file one without grantee knowledge. If you do one and don't file it, then it doesn't do anything (no delivery) so why bother.
