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 3
STRIP SEARCH
Jack called us wanting a Standardย Land Survey on 2 parcels that hadย been cut out of a large lot in an oldย recorded subdivision. He would onlyย say that he needed the survey for aย possible transaction on the propertiesย in the future and that there was noย Title Insurance Company involved.ย Jack told us he had heard about usย from a lawyer he knew. He signed theย proposal and we proceeded to beginย work on his project. Jack warned usย not to speak to the people occupyingย the southerly parcel of the 2 subjectย parcels.
The initial field trip did not turn upย anything significant other than theย southerly subject parcel was beingย accessed via a paved road over a portionย of the northerly subject parcel.ย The boundaries of the parcels seemedย certain and a partial chain of title wasย then assembled on the original lot theย 2 subject parcels where out of. Theย original lot now consisted of a total ofย 3 parcels of with the subject parcelsย were 2. We were surveying the southerlyย and northerly parcels only with theย 3rd parcel comprising the rest of theย original lot adjoining them to the west.ย Current tax records and the currentย and old tax mosaics were pulled. Weย hoped to find some mention of theย apparent access easement crossing the northerly subject tract to reach theย southerly subject tract.
A very interesting history of the originalย lot began to emerge from the evidenceย and records. The original lot had beenย acquired by one individual in theย 1950s who then conveyed 2 parcelsย out of it to relatives. He retained 1ย parcel in the southerly portion of the lotย that was land locked by the other conveyances.ย Later he built a warehouseย on the southerly retained parcel andย constructed a paved road across theย north parcel he had conveyed to a relativeย to reach the existing road. Multitudesย of transactions had occurredย since on all 3 parcels but all of theseย transactions were apparently betweenย the same relatives with the exceptionย of the west 3rd parcel which was conveyedย in 2004 to a party outside theย family by a family Trust. The southerlyย retained parcel had but one extremelyย poor description from a conveyance toย a family member who was part of theย Trust in 1976 which indicated it wasย junior or the final remainder. It couldย not be located on the ground from theย description unless it was read in lightย of the previous conveyances out of theย original lot.
In 1978 the original owner of the entireย lot passed away and the 2 subjectย parcels were made part of a familyย Trust along with the western 3rd parcelย that formed the ownerโs estate of theย entire lot. The same relatives that hadย been involved in the various transactionsย on the 2 subject parcels wereย listed as beneficiaries of the Trust.
Apparently the tax maps and tax reportsย on the 3 parcels comprising the originalย lot had become scrambled over theย years. It appeared that the owner (whoย was not a relative of the original lotย owner) that had acquired the west 3rdย parcel in 2004 out of the lot from theย family Trust was paying taxes on theย southerly subject parcel. Conversely theย owner of the southerly subject parcelย (which was the family Trust) was payingย taxes on the west 3rd parcel. Jack wasย paying taxes on the northerly subjectย parcel that had been conveyed to himย in 2009 by the family Trust.
The Standard Land Survey was preparedย along with a Surveyorโs reportย explaining the problems with the missingย access easement and the taxingย problems. A meeting was then set upย with Jack.
After Jack was told about the variousย problems he confessed that he hadย purchased both the northerly andย southerly tracts of land in 2009. I explainedย to Jack that his vesting Deed did not indicate this and was only forย the northerly parcel. Jack stated thatย the Deed was wrong and should haveย included the southerly parcel. He saidย that he had purchased both parcelsย without a Land Survey and that he hadย been told by the Realtor and the sellerย that both parcels were part of the sale.ย He had obtained keys after the closingย for both properties and he thoughtย nothing more about it until he tried toย convey the southerly parcel to a thirdย party a few months earlier.
The third party was suing Jack forย fraud because they discovered he didย not have title to the southerly subjectย parcel. The third party turned out to beย the people who were currently occupyingย the southerly subject parcel. Theyย had made a deal with the ownerย (family Trust) of the southerly tract,ย before Jack obtained it, to pay theย taxes on the southerly parcel as partย of their rent they paid on it. The thirdย party was actually paying taxes on theย westerly parcel of land out of the lot.ย The tax bills arrived at the southerlyย parcelโs address for the westerly parcelย which they dutifully paid for moreย than 20 years not realizing that it wasย a tax bill for the west parcel.
When Jack had obtained the propertyย the third party signed an agreement with him stating that the previous arrangementย would continue with the rent and taxย bills and that is why Jack had neverย thought about his tax bill that was onlyย for the northerly parcel. It was onlyย after the third party had approachedย Jack to purchase the southerly parcelย they were renting that this mess finallyย blew up.
I told Jack he should have told me thisย before he hired me and I advised himย on how to correct this problem for littleย or no money. Jack thanked me but said ย that he was taking the results of theย Land Survey to his lawyers so they couldย tell him what to do next. Jack said hisย lawyers would handle it and he wasย sure they would be contacting me soon.ย He also stated that they were in theย process of suing the Title Insuranceย Company, the Realtor and the seller. Asย he got in his car to leave Jack said heย would never buy another piece of propertyย again without having it surveyedย first.
I have heard nothing since my meetingย with Jack last week. I doubt I will everย hear from Jack or his representativesย again regarding this property.
(Come Ahead!)
This concludes the 3 part article.
Thoughts