As a result of bad surveying a gap about 220 feet long and 7 feet wide at the widest exists between valueble commercial properties. The owner of the parent property agrees to give it to the owner of the junior parcel, who he just sold the junior parcel to. I'm trying to write a note to put on the new survey. Something like:
I, _________ , owner of Remainder of Parcel XXXX (parent property), do hereby relinquish any claim to the property between Parcel YYY and Parcel ZZZ as shown on this survey.
Suggestions?
> Suggestions?
My only suggestion would be to make a copy of your survey a part of the conveyance for recordation.
If just relinquishing, Junior may not have good title. Show it as a tract "ABCDA" and let Senior sell, donate, quit claim to Junior the tract.
Correction Warranty Deed
I'd describe the gap and suggest a deed transfer from parent. Then merge it.
:good:
No conveyance language on the drawing...
First and foremost you MUST use a solution that matches the problem.
Some Surveyors like to solve these problems by describing the parcel and having owners execute a Quit Claim Deed. Others won't even suggest a solution and send the owners to their respective Attorneys. I contend there is almost always a better way.
If the problem was truly a bad description, have the original parties execute a 'Correction Deed' IN THE FORM required by your State law. If it was an ambiguity problem, Have the owners execute an agreement to resolve it IN THE FORM required by your State law. Notice the common elements of 'owners' and 'State Law'...
The biggest consideration as a Surveyor is simple. Do I have the education and experience to make these recommendations? The idea that being a Surveyor qualifies us in that regard is poppy-cock. So is the idea that being a Surveyor prohibits it. Answer the question honestly before you decide to assist the owners...
My .02, Tom
Often times what is thought to be a gap is nothing more than bad measurements. They may be overridden by language in the description, without seeing it I just don't have an opinion, many times it is resolved by a proper survey.
The best solution is to identify the location for the boundary of the senior tract and the junior tract will follow that same boundary.
If the new boundary is in a different location, you will simply describe the gift parcel as it being a portion of that parent tract.
The legalities of hoops to jump thru can vary from one governing realm to another.
Isn't the parcel sold from the parent tract senior to the remainder?
I would show the "apparent" gap and leave it at that. The Attorneys can sort it from there. I don't think it's in the Surveyor's purview to make statements suggesting a conveyance by a note on the plat. If they decided not to convey for some reason after your plat was issued, you could be setting up some color of title issues you don't want to deal with. If the conveyance is a matter of record, then a reference on a revised plat would seem to be appropriate.
This might be of interest as well...
Doctrine of strips and gores
Do you think the original intent was to leave a gap or gore?
I always thought if junior senior rights were applied there should be no such thing as a gap or gore. Too bad it's not always that simple.
There are scenarios where the language of the Deed turns that around. If I sell you Lot 7 less the east 100 feet, I get my 100 feet...
I would just show it as an apparent gap and let the parties execute a quit claim or a correction deed. Not so sure I would get too involved with those kind of notes on the face of my plat. Just my 2 cents.
Thanks for the comments.
It's off to the lawyers.