survey stakes and neighbors

[KentT]

Kent-

The bearings and distances should be on your warranty deed.

They are -- along with a description of 5.26 acres "more or less" and a reference to a plat map that also shows 5.26 acres, while the survey shows 4.25 acres...

 

[pappy19]

They are -- along with a description of 5.26 acres "more or less" and a reference to a plat map that also shows 5.26 acres, while the survey shows 4.25 acres...

Shoot me the bearing and distances' off the deed, that's what you own, not what your surveyor says, unless they match. If your deed says one thing and the survey says another, the deed rules, if it is a warranty deed. If the meets and bounds description matches the deed description, that rules. If the same description more matches the survey, then that rules. That's why the warranty deed trumps everything. If it is a Quit Claim deed, then you're out of luck. Also, the title insurance could come into play if you paid for one acerage and find out that the warranty deed is wrong in the total area that you bought. You file against the title company as they were supposed to catch that, unless it was a Quit Claim deed, which isn't worth a hoot.

 

[HomeBrew2]

... not what your surveyor says ...

And if anyone wonders why the licensed surveyors in the crowd rarely answer surveying questions ... "there's your sign"
Good luck Kent

 

[KentT]

Pappy, the bearings and distances are the same, it's only the acreage calculation that differs. The Warranty Deed actually describes the property something like: "Lot 1, Section 1 of XXX Development, as recorded on Plat XXX, Page ZZZ in Book YYY." The description of the lot on that plat map has the same meets and bounds my surveyor used -- he found all the corner pins from the original survey of the development about 30 years ago -- except one, which is in the middle of the road that had been modified significantly. Since that point is down at the end, with the next shot going out 90 feet into the lake, it really didn't make much if any difference.

However, that plat map on file also describes the property as 5.26 acres more or less -- as did the real estate listing and subsequent sales contract, which is significantly different than the calculation by my surveyor's software program (not sure which one he uses). We've double checked his calculations -- it's the original plat map on file at the Register of Deeds that's wrong...

This is a COMMON problem in this entire development, which led to my neighbor having his tract surveyed 3 times trying to discover his missing 1.5 acre... meanwhile the "more or less" clause is protecting the original developer who I bought the lot from.

 

[MikePA]

They are -- along with a description of 5.26 acres "more or less" and a reference to a plat map that also shows 5.26 acres, while the survey shows 4.25 acres...

What do you mean 'the survey shows' 4.25 acres?

If the bearing and distances on the deed do not close, then there can be problems. However, I have a hard time believing someone made a 1 acre error. A typo, or deception, is much more likely.

BTW, closing means if you begin at the starting point of the deed, follow all the directions and distances around the perimeter of the parcel, you should end up exactly where you started. If you do not, the deed does not close. An acre is 43,560 sq ft or a square 208' on a side. If that shot into the lake is your missing acre, it'd be a rectangle 90 x 454.

Also, the last time I checked, the title company guarantees a clean title, i.e., the person selling the property actually owns it and can legally sell it to you, there aren't any liens against it, etc. It's news to me that a title company guarantees the parcel description is accurate.

 

[KentT]

In the very center of the survey, inside the geometric figure that I outlined on the picture linked above, is the title "Tract 1" and directly underneath it reads "Area 4.25 AC"

Each line on the survey is described by the same directions and distances as the original plat map, which has in the center of it "Lot 1, Section 1, 5.26 AC"

I don't know how to be any more descriptive than that... the plat book says 5.26 and the survey says 4.25... Both use the same directions and distances.

 

[MikePA]

In the very center of the survey, inside the geometric figure that I outlined on the picture linked above, is the title "Tract 1" and directly underneath it reads "Area 4.25 AC"

Each line on the survey is described by the same directions and distances as the original plat map, which has in the center of it "Lot 1, Section 1, 5.26 AC"

I don't know how to be any more descriptive than that... the plat book says 5.26 and the survey says 4.25... Both use the same directions and distances.

Now I understand, thanks.

If the data was entered into the surveyor's software correctly, you only have 4.25 acres.

 

[pappy19]

If you paid for 5.26 acres and the survey shows 4.25 acres, then I hope you had title insurance. I'd start a claim for the 1 acre mistake. If the plat surveyor was registered, you can go after them as well, if they are still in business. If you bought from a registered plat, you can go after the developer, and you can request a refund from the county assessor for all the years you paid for that added acre as the county should have run the lot description for accuracy. At the least, I would send a letter of complaint to the state survey board on the original surveyor.