@thebionicman in NJ we write legal descriptions.?ÿ Legal descriptions are not necessary but title companies want them so their legal staff can copy our descriptions word for word on a deed to transfer property.?ÿ The property owner transferring ownership can go to Staples and get a $15 kit to write their own deed and simple describe the property by either the tax map lot and block number with no further detail, and that is legal.?ÿ However, if I write a deed, I am writing it as a legal document for others in the legal conveyance of real property.?ÿ That equates to practicing law by State definition.?ÿ It's complicated.?ÿ I am not dismissing what you are saying but NJ is a strange animal.
@ric-moore Yep, and I guess I was thinking more about descriptions not actual deed.
@j-dub Yes, me too
@ric-moore - It was my understanding that attorney's and title officers could prepare legal descriptions, am I mistaken?
The only restrictions I see in the Land Surveyors' Act are related to persons who are authorized to practice land surveying.
This link from the Sacramento County Public Law Library seems to be providing instruction to attorney's, or anybody else, on how to prepare and record a deed, along with the legal description, albeit crudely, for a transaction, see page 7 at the bottom.
Completing and Recording Deeds (saclaw.org)
Maybe I shouldn't have used the word exception.
Ready to be educated.
Let's start with looking at the language that was inserted by the California legislators during the bill process:
"8726(i) Determines the information shown or to be shown?ÿwithin the description?ÿof any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property?ÿin connection with?ÿany one or more of the functions described in subdivisions (a) to (f), inclusive."
(bold?ÿemphasis is mine)
Next, let's look at the provision that was added when this language was chaptered by the legislators:
"The amendment in Section 1 of this act is?ÿdeclaratory of existing law?ÿand is not intended to restrict the practice of persons licensed to practice law in California,..."
"...declaratory of existing law..." - that tells me that the legislators saw fit to clarify existing law that was already in place. Land surveyors have written legal descriptions for many years and attorneys have prepared "deeds, trust deeds, and title documents..." for many years prior to this amendment.
"...nor is it intended to be applicable to persons licensed pursuant to Part 6 (commencing with Section 12340) of Division 2 of the Insurance Code, nor to persons licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code,?ÿso long as those persons engage in the respective practice of their profession, but who may coordinate work pursuant to subdivision (k) of Section 8726 of the Business and Professions Code.
I believe this language was included to clarify that while the preparation of the actual "legal description" is defined as land surveying which requires licensure as a land surveyor, the inclusion of the legal description in any title document (original or otherwise) falls under the authority of those other persons (attorneys, title insurance companies, licensed realtors) as long as those other persons are practicing within the scope of their respective regulated practices.
Simply put, in California land surveyors are tasked with the responsibility of preparing and providing appropriately written legal descriptions in accordance with other land surveying purposes to protect the public's interest. And those other licensed professions are tasked with the responsibility of appropriate use of those legal descriptions for the purposes of practicing law, risk management?ÿfor title insurance and real estate transactions, all for the purposes of protecting the public's interests.
We are of course discussing descriptions that are newly written.?ÿ In many cases, it doesn't require a licensed land surveyor to copy a previously recorded legal description into a new conveyance intended to convey the same property.
You have to pencil the number in the deed because the Survey Number hasn't been created yet when the deed was filed. Creates a not too professional looking document.
Consider a pen
The ironic part is that the Attorneys typically copy our text from the description word for word and charge their clients as if the writings were theirs.?ÿ
I only make maps of historic boundaries that I have surveyed, so no subdivisions or new tracts.
Either way, I do not write deeds or "legal" descriptions, and if I did I would not call it a "legal" description. I do assume that everything I write is legal. Like paper, I believe all sizes are legal, not just the legal size.
It seems that attorneys and title companies are wanting others to do their job. Will they pay you their fee for such a service??ÿ
Seriously, there is no certificate of survey here. In order to record a survey of an existing boundary I add a note to the map, that is reflected in the law, stating no new boundaries or ways are being created.
Historic boundaries and conservation efforts.