Ref to the original for those interested https://surveyorconnect.com/index.php?mode=thread&id=264823
So after a lot of research we declared on our survey that the parcel goes to the edge of the lake with possible riparian rights. We showed the B&D as a lighter line and labeled it as the deed bearing/distance line.
The title attorney (who is pretty well known in these parts and works on A LOT of these larger land trust/municipal matters) flipped out. He asked that we take it off, refused to insure it, and blatantly called us out as being poor surveyors. We presented our evidence, cited texts, and case law, etc in a long letter to the client and to him. We also called him out for his words against us.
His reply to all of us was short and simple..."This is all nonsense". No other explanation. No evidence on his part (we did ask). Nothing.
After speaking with the client and explaining that we are not changing our map, no matter if he will insure it or not, the client said fine and to leave it. They are buying the property either way and don't care that he will not insure it. The main reason they are buying it anyways is to terminate an easement over some other lands they own that is there to get to this parcel.
So tha,ts that...fun times had by all!
Tom
Good work. You know you've done your homework if you pissed off a title attorney.
You might remind him surveyors don't have the luxury of working in lala-land..we only get to deal with facts. B-)
I have never understood why more people don't fire the title company when they refuse to insure something and go find one that will work with them.
Survey Exception: This survey is not subject to any liability due to the any Title Attorney's incompetence, statements of fact that they find inconvenient, or other statements of fact they find on this survey that they choose to willfully ignore.
There good ones and the other 90%.
Riparian lot?
I got a metes and bounds case on a non-navigable lake where the description does not call for the edge of lake but references an attached survey that depicts the boundary being the "edge of lake +/-" as a more complete and accurate description. There are 2 legs (bearing and distance) along lake but are not marked as meander lines or anything else.
I believe cite to survey makes the tract riparian.
Problem is that lake has receded 200 ft. and that the lake level has been manipulated by an outlet structure without any regulation or consistency. There are no records on the structure or historic lake datum or hydrological information to determine an OHWM other than vegetation.
I am leaning to using vegetation as best evidence of OHWM as there is no lake datum data to refer to.
Any ideas?