When Client's Most Recent Deed Omits Aliquot Part In Description
If in the process of researching / making a Record Of Survey, one notices that the client's deed has an omitted phrase that causes the description to describe a larger something else somewhere else in the section, does a surveyor have a duty to point it out, and if so, how?
In one job, whoever wrote the most recent deed description left out that the property is "The North half of" the description. (Told the client about it, and he said "Cool, let the adjoiner prove I don't own it, then.")
Another job, it's a portion of a 1/4 1/4 1/4, and the latest deed description leaves out the largest 1/4, implying that the client owns 4x the property in a different quarter.
If it were my property I'd be having the title company + bank write an amended set of paperwork at their expense.
Is this something to note on the survey, or write a stamped letter to the client about?
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Duty to protect the public. That guy challenging the adjoiner to prove what's right is creating trouble and expense for an innocent party.
The deed needs to be corrected immediately at the expense of whoever made the blunder.
My $0.00
Yes inform them for sure, it happens.
It's a title problem and if there is title insurance they will be liable to correct it. Sounds like it was their mistake.?ÿ
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Happens all the time.?ÿ The description just keeps getting copied from the prior one, even after parcels have been sold off.?ÿ Sometimes the excepted parcels are listed, sometimes they're not
Errors need to be corrected before you do anything more.?ÿ Stop, do not pass GO, do not collect $300. (Monopoly reference for those unfamiliar with the board game)
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$300.?ÿ
Well, that's some adjustment for inflation (was $200), but definitely not enough for the time since the game was issued.
@bill93?ÿ
Haven't played the game in a couple decades or more.?ÿ Would you want to play Monopoly with someone who lies, cheats, slips extra houses and hotels onto the board while you aren't looking, steals money and acts like a two year-old when losing??ÿ As soon as I can find someone who can abide all of that, I will finally get another chance to play the game.
I've seen it a lot.?ÿ Usually when retyping (by a legal office) the hand written section breakdown and the clerk skips a line.?ÿ I markup the deed and forward to the title company with an explanation and the original hand written deed.
