Have any of you in private practice ever heard of anyone (seller or owner)ever getting in hot water for conveying by metes and bounds land that is subject to county subdivision rules. If so how did it pan out.
I am looking at a case where the title company was put on notice NOT to do a sale where the above was at issue. They ignored to county judge and went ahead and closed the transaction.
I had a dog in that fight. I had prepared a subdivision plat. The seller did not want to want for the Commissioners Court proceedings, so she hires an out of town surveyor who asked no questions. The title company used the metes and bounds from the other guy and closed the sale even after the judge told them not to do so.
Opinions/comments.
Left holding the bag without pay.
> Opinions/comments.
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> Left holding the bag without pay.
One word: retainer. There will be a next time.
Title Companies are under regulation the same as Surveyors and they also answer to a higher authority.
They also have an attorney that overlooks and gives advice and is responsible for everything they do that must answer to a higher authority.
I believe that a Title Company would do anything not to deal with a Surveyor.
It bothers them more to lose a deal than a real estate agent because the client wants everything on the cheap end.
By reading their policies it is fairly clear that they are not guaranteeing anything we do. Still, our description is needed to be included in their policy (or any relevant description).
I've seen recently where Title Company wrote a policy based upon a 1942 survey of a lot in a nearby city. It was a mere sketch, copy of a copy of a copy many times, did not bear the seal of the surveyor and calls were simply North 100ft , East 60ft, South 100ft and West 60ft with no mention of monuments and the beginning point was soso in so's Southeast corner with no reference to where that document was recorded.
They will put anything into their documents just to include the phrase "not valid without a proper survey" before signing the policy.
When a Title Company acts as the closing agent, they are bound to pay all debts of invoice in their possession at and before the closing takes place. When they don't do that, the closing agent can lose that privilege (at least they must find a new closing agent).
Make the proper calls to the proper offices upstream from them and get a fire built and see who wants to add fuel.
Tell the other Title Companies why you are sending clients their way also.
0.02
As a general rule, those counties which adhere to a subdivision policy have a Subdivision Ordinance on file. The County Judge, County Commissioners, County Surveyor and County Clerk should all know if one is on record or if one has been adopted. Many times, the Subdivision Ordinance will have the penalty spelled out for those who violate the subdivision policy. I guess it would be up to the County Attorney to bring suit against the violator and the surveyor. I would think that the Board of Land Surveying would probably act upon a surveyor who would knowingly violate the subdivision policy. The title companies and attorneys around here are very compliant with the subdivision policy and some folks at the Central Appraisal District (though not their job) will turn in anyone who they think may be violating the subdivision rules.
One way that the County can enforce the rule, is through the issue or non-issue of onsite sewage permits through the Environmental Service office. Also, some Water Supply Corporations will not furnish a meter to a parcel in violation. I know of one County Judge who made it widely known that he would turn a surveyor in to the Board of Land Surveying for any violations.
In addition, some cities may have a Subdivision Ordinance even though the County does not enforce one. In that case, the City Attorney might enforce it, but the City Planner or City Engineer will generally enforce it through the issue of building permits, etc.
Should have placed a lien on the property...that would have blocked the sale until you got paid.
§663.8. Adherence to Statutes and Codes.
(2) Shall abide by, and conform to, the provisions of the state code and any local codes and ordinances not consistent with this Act. Any surveyor subdividing land into tracts subject to statutory requirements providing for an approval process by a governing body for such subdivision shall notify the individual whose intent it is to create the subdivision of the existence of the statutory requirements that pertain to and affect the development of the proposed subdivision prior to commencing the survey. It is recommended that this notification be in writing and a copy be maintained within the surveyor's permanent records;
Seems like violating a judges order "period" would be reason enough to be in hot water, not sure if the surveyor has any liability...
I know locally, we do subdivisions for the City's EDC, but while waiting for their own approval, they'll have us write field notes for and sell individual lots before they finalize the subdv. plat.:-/
