So received a call from a woman today about a location survey my partner did back in 2009. She proceeds to ask me why her drainfield was not show on her plat. Apparently the drainfield was partially located on her neighbors lot. A neighbor who according to her, she has had bad relations with since moving in. The drainfield was installed in the 70's and was known to the neighbor as being on his lot. His drainfield just so happens to be on his adjoiner. Anyway during the course of her tenancy in the dwelling she received numerous threats from said neighbor about vandalizing the drainfield on his property. Which he may have done the drainfield is now failing and sewage is seaping.
Back to the survey, she got a letter from the county last Thursday to do something about the df. Well she filed a claim with her title company who denied her claim. Telling her it was due to an IMPROPER survey because the drainfield wasn't shown on the plat. When she said that I'll admit fire shot through me. She wantes to know why we didn't show the df. My response was " We are not certified to the title company, we are certfied to the regulations of the state and the title companies statement has no merit. And that if the drainfield had been shown on the survey the title company would have taken exception to it anyways."
I then proceeded to tell her that the state regulations require us to show underground items only if VISIBLE evidence exists above ground or we have knowledge of such item.
The entire proprty is clear and no visible evidence of a drainfield existed during the survey.
After talking with her a while to try and guide her to a solution I let her know that she may have prescriptive rights to the df area as there was no recorded formal document for the df. However if the drainfield is damaged beyond repair it may be useless to try and get the prescriptive rights she may be due.
I then asked for her email and sent her the relative state regulation regarding location surveys. That she can forward to the title company.
I just don't understand why a title company would say something like that when they have no authority to do so.
Pass the blame, boys, pass the blame, couldn't possibly be our fault. That's the old Title Company motto.
Ron Lang, post: 377101, member: 6445 wrote: ...I just don't understand why a title company would say something like that when they have no authority to do so.
You're expecting a title company to be honest and fair in their assessment? That's a laugh.
I can't speak for your area, but title companies around here are known for their slippery and back-stabbing modus operandi. I had a rep from a title company that was trying to "build a fire under me" and get them a survey quickly. He tried his best to get me to believe that I somehow could be held liable for the earnest money if the property didn't close because I hadn't completed the survey by their closing date. I didn't buy it. I think he learned some new colorful euphemisms that day.
I would expect them to tell anybody anything to throw any blame or liability off themselves. That's the business they're in.
paden cash, post: 377106, member: 20 wrote: You're expecting a title company to be honest and fair in their assessment? That's a laugh.
I can't speak for your area, but title companies around here are known for their slippery and back-stabbing modus operandi. I had a rep from a title company that was trying to "build a fire under me" and get them a survey quickly. He tried his best to get me to believe that I somehow could be held liable for the earnest money if the property didn't close because I hadn't completed the survey by their closing date. I didn't buy it. I think he learned some new colorful euphemisms that day.
I would expect them to tell anybody anything to throw any blame or liability off themselves. That's the business they're in.
That's what I explained to the lady, I felt bad for her but it definitely pi$$ed me off. And the sad thing is she doesn't know any better. Our business is built on reputation as I'm sure most surveyors are and when someone tarnishs our name it doesn't sit well with me.
Ron Lang, post: 377110, member: 6445 wrote: ...Our business is built on reputation as I'm sure most surveyors are and when someone tarnishs our name it doesn't sit well with me.
I was sitting through a city council meeting once (unrelated to this) and there was a builder there attempting to get a variance for the house he had just completed. The lot was 75' wide and the house was 67' wide; and made the 5' side lot clearance on one side. This made the other side of the house approx. 3' from the other side lot line, less than the 5' minimum. The builder needed the variance to obtain a final occupancy permit. I don't know how many times he stated to the council that he was having this trouble from a "simple surveyor's mistake". I wanted to pipe up and ask how that could have been a surveyor's mistake, but I didn't.
Out of seven council chairs, a mayor, public works director and city attorney, there was only one (public works director) that pointed out the builder should have not attempted to put a house on that lot when it "clearly wouldn't fit". He obtained his permit.
We have been getting bad press since Mr. Mason was swatting at mosquitos with his hanky and a half mile away Mr. Dixon thought he was waving "good". I've grown use to it and you generally can't change people's perspective.
paden cash, post: 377122, member: 20 wrote: I don't know how many times he stated to the council that he was having this trouble from a "simple surveyor's mistake". I wanted to pipe up and ask how that could have been a surveyor's mistake, but I didn't.
Tell him not to hire simple surveyors anymore.
Seriously, he knew exactly whose fault it was, and had to basically claim innocence.
Ron Lang, post: 377101, member: 6445 wrote: I'll admit fire shot through me
Ron Lang, post: 377101, member: 6445 wrote: if the drainfield had been shown on the survey the title company would have taken exception to it anyway
:gammon:
paden cash, post: 377122, member: 20 wrote: and you generally can't change people's perspective.
Now that is some wisdom.