I could not figure out how to make a new category so I posted this little problem here.
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This issue concerns a property in Bellaire, Texas, USA. The subject tract was conveyed to Mr. "A" in the mid 70s under the description "Lot 25, Block 46, Bellaire Townsite according to the map or plat thereof....etc." Mr. "A" files an affidavit of possession and ownership in 2009 which states in part "I acquired titleĀ to the real property in 1977...the legal description of that property is as follows:..." However the property description that follows in not the description conveyed to him in 1977. It is instead a metes and bounds description that encompasses (if the mathematical figure it describes is strictly held) a large portion of a dedicated street. The metes and bounds in the affidavit indicates iron rods foundĀ or set at each of the corners ofĀ that description. I survey this property and find only a fraction of the land that the affidavit's metes and bounds indicate. My surveyĀ is rejected as incorrect and a new survey is performed by another Surveyor. The other SurveyorĀ finds the subject tract is just like the metes and bounds description in the affidavit.Ā Mr. "A" then conveys the property under the metes and bounds description to Mr. "B".
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Here is aĀ linkĀ (I can't seem to fix this link, you can cut and paste it or click itĀ here Ā http://www.hcad.org/iMaps/Tiles/Color/5155D5.pdfĀ ) toĀ the Harris County Appraisal District (HCAD)Ā real property mosaic after the transaction. Let's play a little children's game. "One of these things is not like the others...", which one do you think it is? I will give you a hint, HCAD has the address of the property as 5202 Bellaire Boulevard.
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The concerned parties are settling this matter in a civilized way, Mr. "B" is suing Mr. "A", the Land Surveyor and the Title Insurance Firm. I have been called many things by other Land Surveyors including "crazy Deward" and "Derwood" for how I practice in this profession. You can make your own judgment.
Replies
WHAT! This wouldn't have been a matter for the Courts if South/West Land Surveying, and the Title Co. would have done there job! Its obvious, looking at the map. a complete No Brainer.
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Let me guess The Title Company, noticed your Results of Survey Differed in Acreage as reported or filed, and Hired South/West Land Surveying.
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This is just absolutely Crazy, But a perfect example of the Chain Reaction non surveyors,Ā Title AttorneysĀ and there greedy low balling drive by companies they hire, that dare to report the facts for fear they may stir the pot and lord forbid actually report the facts!
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It reminds me of some Realtors i know! that will do anything to make a Sale/Closing.What I want to know is why Karl's map or companyĀ isn't even mentioned here. If what i see is what i think i see, Karl's results of Survey would have kept it out of court, because it would have pointed to the fact that many in this transaction was not out for the clients (buyer or seller's) interest! It was in the interest of greed!
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I bet my last 2 cents, that Karl probably didn't get paid! because "his map was wrong, it didn't show the correct acreage" Lord forbid a title Attorney do some research, like they are trained to do and notice the right of way taken.
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"The plaintiff states that the Richardson's knew the square footage of the land was much smaller than the survey represented before they sold it."
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How can the plaintiff make this statement?.. Sure the plaintiff probably knew that there was right of way taken, when did land professionals start leaving it up to the client to report the facts! the cost of both surveys (i hope) were either passed to both the seller and the buyer or all of it to one party per an agreement. in either case, every party agreed to a survey to determine the square footage.
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this is just a blatant show of passing the buck, down right laziness with something to gain which is fraud!
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I hope I'm not coming at this half cocked, its late and was looking for some good reading, this one tops the cake, when involving the attorneys, and jack leg.
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kudos forĀ professionals like Karl and others that frequent hereĀ that seem to be keeping some of the integrity in our profession, not afraid to show the real facts and possibly lose money providing a noble, honest service. we win some and we lose some, sometimes we make 150 an hour and sometimes its only 50 an hour.
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And the Governor wants to can the surveying profession in TX and give all the responsibility to the title companies? I say put a mandatory demand for boundary surveys on all land transactions, and require the title attorneys to consult with us, not us consult with them.
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its only protecting the publics constitutional right, to be free, own real property, and invest in Amerkia! why is this so backward for some people? common folks. were only fighting for whats rightfully yours. I bet if there was a discrepancies as to the location placementĀ of the right of way, they wouldn't hire an attorney!
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keep us posted Karl
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Ty Olinghouse
OK PLS#1721
Professional Land Surveyors Relations
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Ty I was paid because I use written contracts and do not engage in no close no pay agreements.
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I am unable to respond any further on this matter because I have been designated as an expert witness on this case. Once it reaches a conclusion I will be able to elaborate furtherĀ on the particulars.
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IĀ can say however that I agree with youĀ in that most real estate professionals involved in aĀ land title transaction have a vested interest in closing the deal. A Land Surveyor should never have a financialĀ interest in aĀ land title transaction closing they are producingĀ a survey for. I find it disturbing that Title Insurance firms who own Land Surveying services advertise that they produce a product that will NOT hinder the closing.
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If ignorance is bliss then the parties to the above transaction must be ecstatic!
Good Discussion Karl,good luck at court....Keep us posterd on this matter...
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Gary L Bowles