I did a job recently which was one of the most complicated little things ever. I was asked by the Attorney to prepare a legal description for the parcel. I was in the field at the time of his request and he wanted to record asap. I advised him to attach my plat and refer to it as exhibit "a" in the description and record it. He got some pushback from the title company who didn't want to accept the plat as a description.
Why would this be a problem?
A picture being worth a thousand words and all.
Doesn't your plat have a Legal Description on it? Why couldn't he just use the legal on the plat?
In NC we don't put legals on the plat. It's an 8.5"x14" loan document and if you had to put the legal on the plat you'd have no room for the platting part.
Not a problem here...
Unless the tract that I'm retracing is in a platted subdivision, the survey I prepare gets a new metes and bounds of the tract that I surveyed since in Texas, plats don't get recorded.
I'd have written one before being asked. I have had that fight about lots in subdivisions before.
Standard practice here to have the description on the plat. You will find a way to make room for it.
> I did a job recently which was one of the most complicated little things ever. I was asked by the Attorney to prepare a legal description for the parcel. I was in the field at the time of his request and he wanted to record asap. I advised him to attach my plat and refer to it as exhibit "a" in the description and record it. He got some pushback from the title company who didn't want to accept the plat as a description.
> Why would this be a problem?
> A picture being worth a thousand words and all.
JB
The way you described it is just as they do here in my part of VA (and most parts as I understand).
The problems begin to arise when the deed fails to describe the lot and subdivision at all, or the job number of the surveyors plat and only refers to the attachment... and then some para-legal forgets to attach the plat. If it's all done correctly, it works great though.
I generally file an Exhibit "A" and Exhibit "B".
Exhibit "A" being the legal and Exhibit "B" being the drawing.
In the preamble of the legal "A" I will put a reference to Exhibit "B"; as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
One local attorney doesn't like the drawing (causes to much trouble) and will leave it out of the deed documents when they file. The Clerk is starting to say to him; "hey where's Exhibit "B"?
It has been the practice of everyone (lawyers, title companies and banks) around here to not record anything if possible. They all try to keep any new survey documents in their own personal files for future use by them only.
Very difficult to get anyone to record a plat of any survey.
The only way to force the recording of the plat has been to attach all prepared documents together using a staple and refer to one another within wording on the documents themselves such as "found 1/2 inch uncapped iron pipe as shown on Plat Attachment B" thus binding plat, property description and/or survey report together as one document.
JB-
We have Reference Plans in Ontario that have done away for the most part of having any new metes and bounds descriptions.
Here's the pertinent sections of the Registry Act: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90r20_e.htm
Where reference plan required
80. (1) Subject to section 81, a deed or other conveyance or mortgage of land shall not be registered unless,
(a) the land is the whole part remaining to the owner of the land described in a registered conveyance to the owner;
(b) the land consists of the whole of a lot, block, street, lane, reserve or common according to a registered plan of subdivision, judge’s plan or municipal plan under section 91;
(c) the land is the whole of a Part according to a previously recorded reference plan; or
(d) the land is shown on a plan, to be known as a reference plan, prepared and deposited in accordance with the regulations. R.S.O. 1990, c. R.20, s. 80 (1).
Exception
(2) The land registrar, having regard to the circumstances, may order that subsection (1) does not apply in the case of a conveyance or mortgage mentioned in the order. R.S.O. 1990, c. R.20, s. 80 (2).
Where land registrar may require reference plan
81. (1) Where an instrument submitted for registration contains a description of land that in the opinion of the land registrar is complex or vague, he or she may require a plan of the land to be deposited as a reference plan before accepting the instrument for registration. R.S.O. 1990, c. R.20, s. 81 (1).
Saving
(2) Where the land registrar is satisfied that compliance with a requirement made under subsection (1) would be unreasonable, having regard to the circumstances, he or she may accept, in lieu of a reference plan, a sketch of the land prepared in accordance with the regulations. R.S.O. 1990, c. R.20, s. 81 (2).
Cheers
Derek
In NH, we would record the survey plat as a separate document. Then we usually put the following phrase in the deed:
Meaning and intending to describe the parcel depicted in the plan titled, Survey of John Doe, April 1, 2010 and recorded in the Grafton County Registry as Plan # ou812
> ... accept the plat as a description.
> Why would this be a problem?
> A picture being worth a thousand words and all.
JB,
That very thing was going on in Colorado years ago.
We do not see it anymore, due to the specificity of the laws/rules pertaining to surveying and what certain terms mean.
