Looks like I will be surveying, monumenting and filing a drawing with description for a corrective deed.?ÿ
The title company will be the client.?ÿ
Seems there was an issue with a warranty deed filed a couple of years ago and the problem was recently discovered.?ÿ
Title insurance will cover the solution.?ÿ
Not quite a first, but close.?ÿ
Rare indeed.?ÿ Getting them to admit a mistake is difficult.
Did a survey for an adjoiner to a large tract a couple of years back.?ÿ While chatting later with the owner of the large tract I noted where he had set a corner post and asked him why that particular spot.?ÿ He explained he was going to build a solid fence along that side of his land to make sure no one could enter.?ÿ I told him the City had two easements adjacent to that for sewer and water lines, including manholes, etc. that they had to access frequently.?ÿ As he had recently purchased the property he knew the title policy made no such mention of those easements.?ÿ I assured him they really existed.?ÿ Long story short the title company with gentle prodding from me finally admitted they had failed to disclose those on his title policy.?ÿ He was compensated in some fashion but I did not ask anyone involved for an amount.?ÿ I was aware of the easements because I had surveyed his tract a number of years earlier and had made reference to an even earlier survey showing both easements in detail.?ÿ The main line from the river to the City water plant and the main line from the City sewer plant to sewer ponds run somewhat parallel to one another across his tract.?ÿ Had he built his fence as planned the City might well have cut his fence to make a point of access in a hurry.?ÿ Then the fight would have been on.
Damn, thought this was in terms of the Hot/Crazy Matrix
?ÿ
(I'm sure I'm not the only one)
It is not that rare that a Title Company sells a Title Policy based upon no survey made or on a bad survey made and at a later date that a survey is made that contradicts and corrects what the Title Policy covered.
It can happen that after a survey has been made and the Title Policy is written that encroachments and encumbrances happen that are in conflict to the survey made that the Title Policy covers.
I have seen problems arise when a Title Company orders a surveyor to remove certain items from a drawing that are clearly the intent of the seller and stopping the entire process when it was clearly a violation and the intent of the owner of a Title Company to make that happen for their own future gain.
I've seen deeds that Title Companies prepared and recorded that omitted pages, either intentional or unintentional that clearly did alter the intent of the seller and also at times provided a recorded document that was useless because of the omissions.
Basically, many things can contribute to the need for the Title Company to have a survey made to clear existing matters.
At one time, a Title Policy did cover the expenses of hiring surveyors, attorneys, and court fees involved in correcting problems that happen on a property. Some of these policies are still in effect and the coverage of every policy differs and the results are different on a case to case basis.
I had a coworker ask me about his description, his rectangular tract only had three sides.
I instructed him how to go to the County Recorder, look in the indexes and find the prior deed. Sure enough it had four sides.
The escrow company left out some of the description when they re-typed it.
He said he took it to them and they fixed it, I have no idea exactly how, probably a corrective deed.
I dang near wrote one of those one-too-few-sided descriptions recently.?ÿ Fortunately, I caught it in time.
I had a buddy ask me to look at the title to lake property he bought in northern Wisconsin on a lake. Nice place, big house, guest bunk house and about 5 acres with a lot of frontage on the lake. Turns out he took title to a 100 foot triangle of swamp used for a snowmobile crossing. Told him to contact the title co. He did and they found out that everyone else involved in the sale was dead. Took them about 2 years and a pile of cash to find some long lost relative on the west coast that could sign off on the correction deed. They took a bite on that one.
There was an earlier post about if a corrective deed is necessary. Yes!!!!
It is simpler the earlier it's done. People die, they get divorced, they move to another country.
Yes, that was my post. They asked the closing attorney about it, and apparently they executed a corrective deed. Sometimes things are simple and just work out.
Maybe. I've never really looked at it from the legal/title side, just the survey side. Follow the chain back, and fill in missing calls, or what appear to be missing calls.
But you're right. I suppose that the grantor could claim that he meant to sell only half the lot, in a triangular shape. The more or less distances would still work.