Would you, as a licensed professional during expert testimony, provide an opinion as to title for property that you have prepared a survey for? Dumb question...but I thought I would ask anyway. I can't provide any details so I thought I would ask the question. (yes...I already know the answer....just been studying a file too long tonight...the brain is tired).
Thanks in advance.
> Would you, as a licensed professional during expert testimony, provide an opinion as to title for property that you have prepared a survey for?
Only in the context of explaining why you made certain judgments about land boundaries.
At least in Texas, there are too many possible defects in the instruments in the apparent chain of record title to make any guarantee as to quality of title. Attorneys are in fact barred from doing that.
One way to get at the question would to provide an abstract of the conveyances that you examined in a chain or chains of title and to let the attorneys flail away at the question of where record title is vested. Otherwise, the abstract is a product that you prepared and based your opinions upon and may be presented as such.
> Would you, as a licensed professional during expert testimony, provide an opinion as to title for property that you have prepared a survey for? Dumb question...but I thought I would ask anyway. I can't provide any details so I thought I would ask the question. (yes...I already know the answer....just been studying a file too long tonight...the brain is tired).
>
> Thanks in advance.
NO
Thanks Kent. That is exactly what I have done. After the final adjudication I may be able to post more detail.
Thanks
If there is an applicable statute of limitations and the time limit for challenging the occupation has passed, I would explain that as a basis for accepting the occupation as defining the boundaries of the parcel.
Remember: Alienation as defined by Black's law dictionary:
In real property law, the transfer of the property and possession of lands, tenaments, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and complete transfer from one person to another. Disposition by will. Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law. See also Restraint on alienation.
Restraint on Alienation
A provision in an instrument of conveyance which prohibits the grantee from selling or transfering the property which is the subject of the conveyance. Most such restraints are unenforceable as against public policy and the law's policy of free alienability of land. See restrictive covenant.
Lawyers do not 'know' these laws and how they apply, remember they can't recover and evaluate physical evidence.
Richard Schaut
I'll be interested in the follow up. I don't understand why you are asking the question if you "already know the answer."
Jim,
I asked last night after studying a file and had brain lock. The fact my bifocals are giving me a fit (and could not see straight 🙂 )I thought I would ask other fellow professionals.... guess you could say I needed a break. Today was cancelled anyway.....monsoons here...oh well.
Yes, I would and have often testified in matters of title and ownership. Just because you're a surveyor, doesn't limit your expertise to land surveying. Title matters such as research, parcel identification, title chains, etc. are certainly within the realm of expertise that surveyors acquire. No, it's not surveying; but yes, if you have a particular expertise in title matters, you could certainly be qualified to testify in such matters.
JBS