The above described property being more particularly shown as Tract 1, Containing 0.9 acres on a plat of survey prepared by Long Dead Surveyor GA RLS #BR549, dated (A long time ago). Said plat is incorporated herein by reference and made a part thereof as fully as if setout herein.
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The useless attorneys recycle language from a previous deed and the darned things are never recorded. The make reference to it and never record it. More often than not that is the?ÿ way it is. It is infuriating and on this one I am gonna go by the law office because this same lawyer has done several closings in this area and made reference to a plat that is not recorded and I have squat to go on.
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If that, or similar, language appears in a NY deed:
"No conveyance of real property or other document relating to real property, executed on or after July first, nineteen hundred thirty-one, which contains a recital of or a reference to a map made on or after that date or which has thereunto attached such a map, shall be received for record or recorded by such recording officer unless and until a duplicate of such map, prepared in the same manner as prescribed for the preparation of maps in section three hundred and thirty-four?ÿof this chapter, shall be filed in the office of such recording officer and no map, attached to any conveyance or other document relating to real property, shall exceed the standard legal cap size, except that in the county of Putnam the size shall be not less than twenty by twenty inches and not more than thirty-six by forty-eight inches in size and that in the counties of Westchester and Dutchess the size shall not be more than thirty-six by forty-eight inches. ??This section shall not apply to the counties of New York, Kings, Queens, Nassau, Suffolk, Bronx, Onondaga, Erie, Monroe or Richmond.
"Notwithstanding any of the provisions of this section a conveyance of real property or other document relating to real property shall not be invalid or void for failure to file therewith any map referred to in such conveyance or document."
That last paragraph is the kicker.
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Or as Emily Litella would say, ' Never mind...'
Interesting, the Surveyor has the same number as Junior Samples's Used Cars phone number. I wonder if the Surveyor sold used cars too. ?????ÿ
Small town SOP around here up until about 20 years ago.?ÿ
Steve, the subdivision in Kennesaw, around KSU,?ÿ was designed by Welker & Associates in the early 1960s.?ÿ When I worked there in the 80s, 90s and early 2000s I would occasionally get a call for a copy of the plat.?ÿ It was on starched linen and what I called a bed sheet, approximately 36 X 48.?ÿ As far as I know it was never recorded, or if it was it was reduced so much that it was illegible.?ÿ I gave a copy to the Clerk's office one time but they probably pitched it since it was so large.?ÿ Since Welker (subsequently PBS&J) no longer exist I have no idea where the old plat went.
Andy
Andy, I can tell you I fit to be tied right now. This is 6 lots that have been surveyed by someone back in 1974 and he does not show up in the board records for Georgia or any of the surrounding states. I have 6 lots that have been conveyed and I cannot track down anything useful.
In the past few months I have found several instances of deeds making reference to a survey that was never recorded performed by a surveyor that does not exist.
That last paragraph renders the entire purpose of that Statute essentially NULL and VOID.
Shakespeare was correct.
Like I said in the other thread--- record not found, boundary by agreement, done!
The last paragraph is about the validity of a conveyance. The rest of the statute is about recording. Although I think the last paragraph is superfluous, there is no conflict.
There are surveyors that make reference to unrecorded files in their own office.
They also do not share their files and often use the reference as the basis of their bearings and beginning point tie.
I have argued to no end that by doing so and as their property descriptions are included in a recorded deed that they have declared their office records to be public records and can not refuse that to anyone.
