Friday, August 15, 2014

What should be on a Record of Survey

Recently I was involved in a discussion over whether or not easements should be shown on a record of survey.  I was trained in the following way; if during the course of your research you uncover easements that pertain to the property you are surveying then show them. I have got into the habit of trying to show whatever servitudes I can, to the property I am surveying, because I try to provide a service to my clients that goes beyond measuring stuff.  I try to educate my clients about land stewardship and what it means.

I understand there are business decisions that have to be made and liability issues that have to be addressed; but we are a service provider.  What service are we providing if we can't or won't discuss the intricate details of our clients property graphically and educate them.  I doubt very seriously that people hire me because they want to be amazed by my mathematical skills.

They hire me because they want to learn about their property and they want explanations.  I have spent years cultivating relationships with title officers all over the state.  Not escrow officers but Title officers; they people who put Schedule B part 2 together. (If I lost you; stop reading and go back to youtube)  These relationships have been built by passing information back and forth and helping each other out.

We are a part of the land stewardship cycle.  We need to embrace the idea that our role is to be a helluva lot more that guys who measure stuff.  So why not show easements on a Record of Survey?  And why is put a note like "survey performed without benefit of a title report"  isn't that like saying "I need somebody else to do the research"?  Some counties have a recorder's index that is easy to use.  Some don't.  So the research may or may not be easy to do.  So why not get what you can and say "This record of survey and the information shown or referenced hereon is based upon research performed by me and available as of the date of this survey; there is no warranty of a complete examination of title expressed or implied."  Isn't what your really saying when you say you did the survey without a title report.  And besides when was the last time you saw a complete title report.

   anyway my humble opinion