this recorded document shows up as a schedule b exception on a title you're doing. you read the document, there is no express language concerning the reservation of an access easement, temporary or otherwise.
how would you address it?
flyin solo, post: 401857, member: 8089 wrote:
this recorded document shows up as a schedule b exception on a title you're doing. you read the document, there is no express language concerning the reservation of an access easement, temporary or otherwise.
how would you address it?
I would address it normally. Call it our by name (as it appears above) and probably state the provided document contained no specific description or definition of any rights or interest to any reserved access, temporary or otherwise.
well, the reason i ask... surveyor who completed the survey addressed it as follows: "does not affect as no easement rights were dedicated." now, i happen to know after doing a very small amount of digging that it, indeed, does not affect the subject tract as the conveyance is now wholly contained within dedicated public right-of-way. however, as somebody with a stamp i, personally, would never conjecture as to whether rights were reserved or not by the lack of specific language on a document with that title. i suspect that if the original grantor in this specific case wanted to pick nits in a courtroom that there would be some money exchanged, right or wrong. the grantor is no rube- this dedication was part of a joint development agreement on a very large tract in an extremely large, dense urban area about halfway between where you and i sit, paden.
all that said- i'm now in my new gig on the other side of the fortress wall: survey reviewer for commercial exam department of a title company. so far this is a blast- a veritable dumptruck load of folders with these sorts of issues is stacked upon my desk. it's been incredibly interesting in the short time i've been here to get this new perspective on title issues. what i can tell you in this particular case is that there is virtually zero chance this would have been removed as an exception to title based upon the lack of specific reservation wording (in other words, it's a good opportunity to examine just how far out on a limb you want to hang yourself as a surveyor). i did, however, get the examiner comfortable with the fact that the tract in question is entirely within a dedicated highway, so the policy will be issued without this exception.
+1; another vote for call it out normally. If it can be placed on the ground, I'd show it on the map.
True or not, I personally would not make a statement on my map like the one you quoted from the other surveyor.
flyin solo, post: 401884, member: 8089 wrote: i, personally, would never conjecture as to whether rights were reserved or not by the lack of specific language on a document with that title.
Doing that is opening the liability doors all the way. A document does not have to be recorded to be enforceable.(at least in FL.)
flyin solo, post: 401857, member: 8089 wrote: how would you address it?
First, I'd call the title company and ask them to review the entry and perhaps reissue the title report. That just might make it go away.
If there is a 'temporary access easement reserved" on a warranty deed that is of record, they would need to extinguish that easement on record, in my humble opinion. It might be a cloud in the title. I would note it as being of record but not make a professional judgement as to whether it is valid.
Of course I'm no lawyer.
If the deed description is not contained in a part of Subject Property, it does not affect subject property. If it is a part of Subject Property, I would state that it may affect Subject Property. The intent could have been for the access to be granted somewhere in the area described. I can be not more specific than the deed.
I'd want to see the wording that isn't preserved there in order to find out what "temporary" meant. It could have expired and therefore somebody dropped it in a prior transfer.
Tom Adams, post: 402016, member: 7285 wrote: If there is a 'temporary access easement reserved" on a warranty deed that is of record, they would need to extinguish that easement on record, in my humble opinion. It might be a cloud in the title. I would note it as being of record but not make a professional judgement as to whether it is valid.
Of course I'm no lawyer.
Second this, a warranty deed containing an ambiguous easement dedication.
