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MightyMoe
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I have a client that I've worked for before, he has purchased a medium sized ranch and then added a small tract (2000ac)?ÿto the south end. Problem is that there isn't great access from his main ranch to the north even though they connect. So he wanted to acquire an easement across the neighbor which has a mile and half of land between him and the county road.

No big deal, I did the job, sent the description to the client, the neighbor who will be the grantor and the title company handling the process, and cause they were on my group email I sent a copy to the realtor.

So two weeks after all was finished the realtor calls in a big panic, no easement. Not that he needs the easement, but he doesn't have it. So I tell him to talk to the title company, they must have prepared a deed, which should have the description attached to it for the easement. I haven't talked to them since I sent it to them and they confirmed they have it a few weeks ago.

I know better than getting involved with this (experience) and I just wait it out. Sure enough a day later he calls back, everything is fine. Waiting saved me a bunch of time calling here and there, and just how would I ever charge the client for that????

Wouldn't be a big deal, but this isn't unusual for some realtors. They want you to do leg work for them and act like the world is about to end.

?ÿ

?ÿ


 
Posted : January 31, 2018 3:08 pm
back-chain
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Wise words that I need to be reminded of now and again. Thanks for saving me some time.


 
Posted : January 31, 2018 3:56 pm
holy-cow
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Sometimes, to hesitate is divine.


 
Posted : January 31, 2018 4:06 pm
a-harris
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If those guys want their 6%, they are gonna have to do the extra mile that is beyond the scope of my licensed entitlements.

?ÿ


 
Posted : January 31, 2018 4:29 pm
jph
 jph
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I think realtors are in the habit of not doing much actual leg-work.?ÿ Maybe it comes from running around with potential buyers who 80% the time don't end up buying anything.?ÿ?ÿ Not a good excuse, but I think if you asked them, they'd tell you they do a lot.


 
Posted : February 1, 2018 7:50 am

TJE Yogi
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What caught my eye on this post is:

"The title company must have prepared the deed".

Was the deed stamped by he surveyor? Don't trust the title company.

?ÿ


 
Posted : February 1, 2018 1:09 pm
jph
 jph
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Posted by: TJE Yogi

What caught my eye on this post is:

"The title company must have prepared the deed".

Was the deed stamped by he surveyor? Don't trust the title company.

?ÿ

In many states, anyone can write a deed for a new parcel, without even having a survey.


 
Posted : February 2, 2018 6:57 am
MightyMoe
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Posted by: TJE Yogi

What caught my eye on this post is:

"The title company must have prepared the deed".

Was the deed stamped by he surveyor? Don't trust the title company.

?ÿ

Ahh, mmm, not sure how to respond to that, if I start stamping deeds I will end up in jail, I think I will avoid that.

I can prepare a deed for myself but selling my services to do it will get me in heap big trouble.

?ÿ

Maybe where you are a surveyor can do that, not here for sure.


 
Posted : February 2, 2018 7:56 am
jph
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Yeah, edit above:?ÿ I meant, deed description, not, deed.


 
Posted : February 2, 2018 8:02 am
MightyMoe
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Posted by: JPH

Yeah, edit above:?ÿ I meant, deed description, not, deed.

Yeah, I use those words interchangeably too.

I try not to, but it's like all the acronyms that get tossed about. The other day I saw a headline that (this is not political in anyway)Marco Rubio fired his COS and all I could think of was Certificate of Survey.

I try to force myself to always say description, legal description, although deed description isn't one seen much here. When one of my guys says he's writing a deed, I admonish him right away; "No, you are writing a description!!!"


 
Posted : February 2, 2018 8:21 am

BStrand
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I don't like saying legal description.?ÿ It implies I'm a lawyer.?ÿ I'd rather it be called a boundary description.?ÿ I'm guessing the chances of changing the convention now are slim.?ÿ


 
Posted : February 2, 2018 8:33 am
MightyMoe
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I think the default title from legal aid is Legal Description. I'm always changing it to EXHIBIT "A" or B or something that the attorney wants.

We are all just pawns in the machine, we have to know our place ?


 
Posted : February 2, 2018 8:46 am
james-fleming
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Posted by: BStrand

I don't like saying legal description.?ÿ It implies I'm a lawyer.?ÿ?ÿ

That's why I don't use legal pads.


 
Posted : February 2, 2018 8:53 am
a-harris
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Legal description implys a number of different items that would give basic description and identity to what property is being referred to.

It could include the specific identity of a portion of a section in a township,

Lot X, block C, Z Subdivision,

Tax ID 1234567

Smith's plowshare of the Freeman plantation east of Tupelo, Mississippi

Metes and Bounds

and I am positive there are more...........

I remember one obnoxious Attorney that had a bad habit of sending property descriptions back to me with corrections and changes he wanted in red ink as he was a stickler to the use of the ancient languages nobody knows what all the double talk means and that resulted in many debates about who the surveyor was and who was the lawyer and that we should not be telling each other how to do each other's job.

One day he called in a survey order and declared that he only wanted the field notes and nothing more.

OK, we made the survey and along with the invoice I sent him a copy of the "fresh from the notekeeper" hand written field notes.

This of course riled him to no end and all I could tell him was that he ask for field notes only and that what he was reading was field notes, to which he responded, "you know what I want".

I told him that the property description and drawing are ready when you bring the check and want to come by and get them.

He said, I don't want a drawing.

Had to do part of his job then and let him know that by "law", I must prepare a drawing for any division of property.

?


 
Posted : February 2, 2018 9:16 am