S t r i p p e r : ย C o n f e s s i o n s ย o f ย a ย L a n d ย S u r v e y o r
B y ย P e a n ย C h e n e y i n g ย P L S
(Originally published in Gulf Coast Surveyor, September 2011 under the column "Chain!")
PART 1
Striptease
I received a phone call from Joanneย who said she was purchasing a homeย on a lot in a block of a recorded subdivision.ย She said she needed a Landย Title Survey. I pulled the current taxย report on the property, the current taxย mosaic showing the property and sentย her these along with a proposal for theย service and product. This particularย Land Survey did not seem to be muchย of a challenge. The current tax mosaicย showed the property in question wasย only the recorded lot. The current taxย report indicated the owner had beenย paying taxes on an area the size of theย lot for a number of years.
Joanne called back and explained toย me that she had read some positiveย reports about our firm on the Web andย this is why she had contacted us. Sheย expressed some apprehension aboutย hiring us because the price weย charged was 25% more than another
Land Surveying firm that was recommendedย by her Title Insurance Company.ย She said the Title Insuranceย Company had insisted they would orderย the survey for her from theirย โpreferred Land Surveyorโ and thatย she would not have to pay anything forย it as the lender would roll it into theย closing fees. She also mentioned thatย her Realtor had told her that our feesย were too high, that we might delay theย closing and advised her to let the Titleย Insurance Company take care of it.
I pointed out that our time frame wasย the same as the other Land Surveyor,ย that you get what you pay for as far asย the fee and that we were independentย Land Surveyors who had no vestedย interest in her purchasing the propertyย in question. I told her the arrangementย with the other Land Surveyor wouldย only mean that the fee for the Landย Survey would be rolled into her loan onย the property. Over the time period ofย the loan terms she would end up payingย far more for the other Land Surveyย later.
She seemed surprised at my statementsย and stated that she had no ideaย how transactions worked. She said sheย would look into it and call me back. Aย couple of days later she sent theย signed proposal back with a copy ofย the Title Insurance Commitment. Weย started work on her project.
Our initial visit to the site turned upย nothing unusual other than the fenceย and a portion of the driveway seemedย to extend beyond the south boundaryย of the recorded lot by as much as 3ย feet. The Title Insurance Commitmentย was only for the recorded lot. The taxย records for this lot and the adjoiningย lots only showed the owners payingย taxes on the area of their respectiveย lots. The tax mosaic only showed theย recorded lot. The vesting Deed of theย seller dating to 1978 was pulled forย the property and it was only for theย recorded lot.
Something seemed wrong and theย vesting Deeds for the adjoining propertiesย were pulled. Again there was nothingย unusual in the transactions and allย of them were for the full lots only. Finallyย a search was made for transactionsย between the owner of the subject ย tract and other entities. This is when aย transaction from 1979 between theย current owner and the adjoiner for a 3โย strip southerly of and adjoining theย south boundary of the subject lot wasย discovered. It appeared that althoughย the transaction had been recorded atย the County Clerkโs office it was neverย reported to the Tax Assessor Collectorsย Office and thus the adjoiner who conveyedย the 3โ strip had continued to payย taxes on it.
A Land Survey was prepared showingย the lot as tract 1 and the 3โ strip asย tract 2 along with an attached Surveyorโsย report explaining the situationย with a stipulation that the survey wasย based on the presumption that theย seller intended to convey all the landย they owned. When the Land Survey wasย delivered to Joanna I made a point ofย calling her and going over the problemย we had uncovered. She seemed to understandย the situation and said sheย would contact the seller.
Almost immediately after we releasedย the Land Survey we received a phoneย call from a representative at the Titleย Insurance Company stating it wasย wrong and that we needed to correct itย right away to show only the lot and notย the 3โ strip. The representative said ifย we did not get the revised Land Surveyย to them in the next hour our actionsย would delay the closing. I refused toย revise the Land Survey and I explainedย to the representative the problems Iย had found and emailed a copy of theย Deed to the 3โ strip to them.
Very shortly thereafter I received anotherย phone call from Joanna sayingย that the Realtor had contacted her toย say that our Land Survey was wrongย and that we had delayed her closing.ย She told us that she had been in contactย with the seller and that the sellerย had told her that they forgotten aboutย the transaction for the 3โ strip in 1979ย and that they intended to convey it toย her with the lot. I explained to her thatย what we had found potentially savedย her thousands of dollars of legal feesย and headaches in the future. I told herย to sit tight and let the various partiesย involved work it out.
A few days later the closing occurredย on both the lot and the 3โ strip with noย modifications to the Land Survey originallyย provided by us. Joanna called toย tell us how happy she was with ourย service and how lucky she felt that sheย had the good sense to hire us.
PART 2 "STRIP NAKED" to come....
Thoughts
Hallow Deward,
This proves the potentiality of Land Surveyor.ย He isย the intermediary between reality and imaginary. A surveyor takes real life (the world) and maps it into a virtual world. On the same token a surveyor takes proposed designed plans (imaginary) and stakes it out on the ground (reality).
Excellent article! ย What an excellent reason to hire an Independent Surveyor to perform a survey! ย I can't wait to read part 2. ย
Dewart, in case I miss part two..make sure I'm on your Tweet list just before the Pole Dance. This is aย potentialย story in the life of surveying, but not as typical with Betty White as the buyer. i love it