Why Alabama Land Surveyors Should Write Boundary/Property Descriptions.
Glen Tanner, PLS
Copyright 2012- All Rights Reserved
In Alabama an Attorney, an Alabama Land Surveyor and to my understanding, a Property Owner, can write Boundary/Property descriptions for Warranty Deeds. This is an example of a Property Owner doing his own property survey and warranty deed and Why Alabama Land Surveyors Should Write Boundary/Property Descriptions.
A man wanted to give his son a parcel of land to put a manufactured home on. The man and his son found out from the Manufactured Home Dealer, where his son was to purchase his manufactured home, everything needed or involved to purchase and setup the manufactured home, along with the amount of land needed.
After finding out what was required the man and his son proceeded to meet these requirements. The requirements were Warranty Deed to approximately one acre of land, a survey and the land to be marked so they could install septic system and set up Manufactured Home.
After the Manufactured Home had been set up, the Manufactured Home Dealer and the Mortgage Company were requiring a new map of survey showing the location of the manufactured home. The Manufactured Home Dealer called me stating they had a copy of an old survey , but needed one showing the manufactured home. After receiving a copy of the deed from the Manufactured Home Dealer, I went to the County Judge Of Probate Office got a copy of the recorded Warranty Deed . The following was four pages recorded at the Judge Of Probate Office.( NAMES, RECORDING INFORMATION REMOVED FROM DEEDS).
Recorded was a survey, but not a survey by an Alabama Land Surveyor. The worst thing is that the Probate Office recorded it and the Manufactured Home Dealer , Mortgage Company, and Title Company accepted it. The Mortgage Company, and Title Company had to be apart of this transaction, the borrowing and lending of money for land and a manufactured home was involved.
I went to the County Engineer’s office next and got a copy of the right-of-way. Next is a copy of a County Right-Of-Way Map. County never acquired right-of-way shown on map.
Notice any thing familiar?
It took me a couple of times looking, before I realized that the recorded survey was the same as the right-of-way map, except that the County’s map doesn’t show the lot found on the survey of the recorded deed. After doing my field work, it was more than obvious what had happen. One thing I can tell you that didn’t happen is: “ What didn’t happen is a Land Surveyor didn’t set the Original Monuments, a Land Surveyor wasn’t the Original Surveyor, it’s legal description wasn’t prepared by an Alabama Land Surveyor, but everyone involved in the buying and selling of the manufactured home and setup didn’t worry about this. “
What would have happen if it was a Cash deal and no NEW Survey had been required?
This is a copy of a portion of final survey made on the Property and why an Alabama Land Surveyor should write Legal/Boundary Descriptions after performing a survey. No Property Owner, nor an Attorney, should write a legal description without a New or Updated Map Of Survey with a Legal/Boundary description by an Alabama Land Surveyor.
Is the Warranty Deed any good ?
Is the Title clear and free?
Who is the Original Land Surveyor, the man and his son?
What about the Original irons ?
When you are buying property, as the new Property Owner, to insure what your getting, to help guarenteeTitle and the proper location of property and property corners, always get a New and updated survey by an Alabama Land Surveyor.
Glen Tanner, PLS–All Copyrights Reserved
If you need and are looking for help , hire a competent, licensed Alabama Land Surveyor who is willing to give you and your surveying needs the hands on, personal care required, call me, Glen Tanner @ Glen Tanner Land Surveying, I 've been surveying in Montgomery, Autauga, Elmore and srrounding Counties for over 30 years. Let my years of experience work for you. Call us at 334-625-8175 or fill out our Contact Form.