Holy Cow, post: 408698, member: 50 wrote: The fun part is explaining everything to people who want to believe the world was perfect until some danged meddling surveyor came along and upset the apple cart.
Isn't it the danged landowner meddling in survey work that has upset the cart?
You are absolutely correct. Now, convince them of that fact.
You could do it any number of ways, I might stick to a basic gentle analogy that anyone could understand, like sticking to stuff you know how to do and let others do the rest, practicing within your own area of competence, etc. In ca, it would be illegal, but even if it's not, people shouldn't be writing legals themselves, they just don't have the expertise, so I might mention some of that. Come on Mr. C., you got this! Let the fun begin 😉
roger_LS, post: 408855, member: 11550 wrote: You could do it any number of ways, I might stick to a basic gentle analogy that anyone could understand, like sticking to stuff you know how to do and let others do the rest, practicing within your own area of competence, etc. In ca, it would be illegal, but even if it's not, people shouldn't be writing legals themselves, they just don't have the expertise, so I might mention some of that. Come on Mr. C., you got this! Let the fun begin 😉
A property owner could deliver such a Deed here, it does transfer title, but the resultant parcels would be non-compliant so they couldn't get permits or do further subdividing.
120 DEEDS 3,185
120III Construction and Operation 1,019
120III(B) Property Conveyed 142
120 ->112 References to Maps, Plats, Other Instruments, or Records 24
120 ->112(2) Reference to surveys, maps, and plats, and records thereto 21
327. Save Mount Diablo v. Contra Costa County
Court of Appeal, First District, Division 1, California. October 7, 2015 240 Cal.App.4th 1368
Headnote: Although it is illegal under the Subdivision Map Act for an owner to convey parts of a landholding in the absence of a recorded map, such a conveyance is nonetheless effective to transfer title to the illegally conveyed portion. Cal. Gov't Code å¤ 66499.30(a),(b).
Document Summary: REAL PROPERTY - Deeds. Landowners could not obtain certificates of compliance for parts of parcel separated by taking of strips of land for road and pipeline projects.
Here's an update with the final resolution.
The call for this job came from a realtor for whom I have surveyed at least 20 tracts over the years. What he neglected to tell me, and I will admit I didn't ask, was that the buyer of the tract to be split off was my true client and footing the bill. The seller is one of those people who will not do anything unless it is his way and to his advantage. In his opinion surveyors are even lower than attorneys. All we do is steal people's money.
I spoke to the realtor about the discrepancies described in the post that started this thread, especially the fourteen foot difference between the fence and the deed location. He then revealed the seller's distaste for this whole process. He had me confirm that what the buyer intends to purchase falls inside the current deed's description. Then he requested that I do it that way but have a talk with the seller anyway just in case he would like to straighten out the true mess.
I called the seller and had a nice long chat that ended with me knowing just exactly what a huge pr### he is and knowing that his shoe size exceeded his IQ. So, we cut out what the buyer thought he was getting, which does completely fall within the existing deed description. One side is the quarter section line and another is the quarter- quarter section line. That's fine. But, the north side will leave what appears on paper to be a fourteen foot panhandle running back to the remainder tract to be retained by the seller.
Document it.
Let 'er rip, potato chip!
N
