I have a survey to complete and there is an error in the deed reference.
The street address is 5000 Survey Drive.
The deed has "Lot 5, Block 22"
GIS shows that 5000 Survey Drive is Lot 22, Block 5, this matches the record plat for the physical location of the lot.
Looks like they have at least color of title to another lot, as there is a Lot 5, Block 22.
Attorney's are working to correct the issue, but in the meantime, they need my survey.
So, how would you approach this for a plat reference purposes?
Wait for a correction deed to be filed?
Reference the deed and note the discrepancy?
TIA
JB, post: 402637, member: 346 wrote: So, how would you approach this for a plat reference purposes?
Lot 22, Block 5 (erroneously recorded as Lot 5, Block 22)
JB, post: 402637, member: 346 wrote: I have a survey to complete and there is an error in the deed reference.
The street address is 5000 Survey Drive.
The deed has "Lot 5, Block 22"
GIS shows that 5000 Survey Drive is Lot 22, Block 5, this matches the record plat for the physical location of the lot.
Looks like they have at least color of title to another lot, as there is a Lot 5, Block 22.
Attorney's are working to correct the issue, but in the meantime, they need my survey.
So, how would you approach this for a plat reference purposes?
Wait for a correction deed to be filed?
Reference the deed and note the discrepancy?
TIA
Did the grantor of Lot 22, Block 5 also own Lot 5, Block 22 at the time of the conveyance? If not, there is no "color of title", and probably just a simple typo.
My policy is to use terminology such as "APPARENT typo in title...
Because I have been the fly on the wall, when somebody DELIBERATELY sent such a thing through....
N
JB, post: 402637, member: 346 wrote: I have a survey to complete and there is an error in the deed reference.
The street address is 5000 Survey Drive.
The deed has "Lot 5, Block 22"
GIS shows that 5000 Survey Drive is Lot 22, Block 5, this matches the record plat for the physical location of the lot.
Looks like they have at least color of title to another lot, as there is a Lot 5, Block 22.
Attorney's are working to correct the issue, but in the meantime, they need my survey.
So, how would you approach this for a plat reference purposes?
Wait for a correction deed to be filed?
Reference the deed and note the discrepancy?
TIA
Why not survey the lot and show on the plat that the survey was of lot 22, block 5? Let the title company and lawyers focus on the curative work. You're not certifying to title, just location, right?
If the title company is on the job, you should have several prior deeds already. How are they worded? Simplest note on your survey is a full chain from a previously correct deed. That not being the case is there a reference to a filed map block and lot notation?
You would also want to reference the actual deed for "Lot 5, Block 22". Is the description even remotely similar to 5000 Survey Drive?
You could also mention that the actual "Lot 5, Block 22" is located at 72 Boogered Up Lane and is owned by Joe Schmoe.
Then you delete the notes that the title company says to.
Paul in PA
Unless it is an ALTA I wouldn't worry about it and simply show which lot was surveyed. I understand it could be one of those little things that some survey reviewers go anal about, though. Some insist the subject deed must be cited. Most don't see any necessity in doing so.
Can't you just suevey the correct lot . The ownership doesn't change the boundary. if you are surveying a metes and bound description than the deed matters . A platted lot does not depend on the description in a deed.
Sounds like a typo to me. Isn't this patent ambiguity......like obviously wrong? And also, they could not have conveyed the wrong lot and block by deed without owning it as Brian has stated.
Tell the client about the problem early on. Give them a chance to fix it, or tell the story in simple terms on your map.
When that happens the way to make a correct description is to use the last correct deed description in reference to the property being surveyed.
:sun: