@dms330 No requirement to record in my state (Maine) unless it's a subdivision, but I always advise my clients to do so (or have me do so) adding that If a meteor lands on my place and wipes out me and my computer, your plan is toast (as am I). Also, I'm not immortal, and you're going to forget where you stored the drawing.
This very interesting when applied when applied to the process of recording a survey map of an existing boundary.
My maps include a certification to the General Law Chapter 41, Section 81X, stating that no new lines are being created, and thereby allows the register to record the map.
You are saying that alone does not guarantee the map will be disclosed in a future title search and that filing the affidavit will assure this, since the register will make note of it in the margin of the deed document.
Of course, the affidavit must be certified by an attorney, so there is an additional expense that the client must pay.
One of the great things about this site is the ability to learn how achieving the same goal is handled in different places.
For a residential client or a client unfamiliar with boundary law and surveying, I tell them that it creates a legal fence around their real property and that a recently surveyed parcel with a recorded plat will sell faster and for a slightly higher price than a similar parcel without a survey.
I also let my clients know that an updated survey could cause problems.?ÿ I might survey their 50 acres and find it to be 48 acres.?ÿ I might discover something long dormant that will prevent them from being able to sell their parcel.?ÿ My survey may put the parcel into a nonconforming lot category and complicate the owner's ability to get building or other permits.?ÿ?ÿ
I've convinced potential clients not to get a survey simply by explaining potential consequences and I'm fine with that. I encourage people to record their plats, but I can respect their decision not to without considering it indecorous.
Legal Fence? I think of a recorded plat as only a legal record that could be used by another surveyor in the future or in a court of law should there ever be a challenge to the owner??s boundary. I don??t think it creates a legal fence. Only a legal record.
Cause problems? I??ve always been of the mindset that uncovering boundary issues and resolving them is solving problems. This is one of if not the basic function of a Land Surveyor.
I think I know what you are trying to say, that a boundary issue could delay a sale until it is resolved. Or that the resolution of a boundary issue could cause a buyer to walk. But I still believe that in both of those scenarios a problem was solved that needed to be solved rather than kicking a can down the road to the next guy. ?ÿ
@bushaxe?ÿ
I wouldn't use the term legal fence, but I agree with Murphy's sentiment. A recorded survey is a public?ÿ explanation of the work put on the ground by a surveyor. A private surveyor that is not creating a new boundary can only express an opinion, but that proffesional opinion, especially as time goes on, can usually be persumed correct, unless it can be proved to be in error. Hence the "fence".
A survey without a record can also be presumed to be correct; however, proving it is in correct can be as simple as providing a well reasoned rational for a differnt solution. Anyone that wants to claim the older survey in correct must take all the same same steps (Except maybe setting monuments) that the older surveyor went through to provide a contrary argument to the new survey. (Of course there can still be questions of adverse possession/estoppel ect...). Hence a much less substantial fence.
The other way a recorded survey builds a fence is that every subsequent surveyor (fence builder) will have the posts already in. They can choose to rip out the posts set by the previous surveyor, but they should have a compelling reason that goes beyond a reasonable differnce in opinion.?ÿ
