paralegal: your survey does not match the old survey along the creek. we need them to match exactly.
me: the property line is the centerline of the creek. we surveyed the current location of the centerline of the creek. the odds of it matching the survey from 23 years ago are very slim, creeks move.
paralegal: the creek shouldn't have moved. we just need the new survey to match the old one so we can close.
me: you hired us to do an alta survey. i have to show the creek as it exists today. i can show the old location per the 23 year old survey as well if you like. did you notice that statement that says "centerline of the creek is the property line band may or may not represent the limits of title"?
paralegal: i saw that i wasn't sure what it meant. maybe you should talk to the attorney.
Is there a rule somewhere that states that if you wish to become a paralegal, your IQ cannot be over 12?
> Is there a rule somewhere that states that if you wish to become a paralegal, your IQ cannot be over 12?
I think there is. The ones that are in the 12-15 range go on to become attorneys.
A survey is a mathematical representation of the shape and contents of a given piece of property. Did you want a survey, or an estimate based on another survey?
🙂
N
Aside from the obvious of just showing both lines, there is an easy solution. Just stake the original location so they can hire a contractor to move the creek back to where it was. There may be some permitting issues, but let the engineer handle that. Then in a year or so when they're done just do another ALTA and they will all be happy because the lines match. Especially you after saving the world from itself and adding many $$ to your wallet. Then when the adjoiners call you.....
Have a job to do soon that has a centerline of river call. There are 30-some acres total now. When first split the number was over 60.
I did a survey a few years ago on the Mississippi River. I had a copy of a survey from 1978 that showed 420 acres. I had a copy of a survey from 1993 that showed 370 acres. My survey showed 338 acres.
The moral of the story is if you are going to buy waterfront property, make sure you buy on both sides........;-)
If I survey the creek next year . Do I try to keep the original location you had or do I use my location and not create a Title issue ?
It almost seems to me that actual language in the description should emphasize that the distances to and along the creeks are in a constant state of flux for the benefit of the paralegals and legals and everyone else to be made acutely aware that the boundary is not a fixed boundary and that the area of the parcel is not fixed. Of course it also seems to me that "more or less" is so overused on fixed boundaries, that its meaning is diminished when you really need it.
Wondering if the difference between "reliction" and "avulsion" would come into play here..
Remember, we're not just Land Surveyors, we're also instruments of the law...
probably should of shown the previous bearings and distances on an ALTA. This would of been in line with ALTA requirements I think.