Recorded Survey Plan vs Deed

[jackyy]

I am appraising an older home that according to the deed says that the site contains 1/8 of an acre in size. The town assessors records also indicate that the subject site contains approximately 5,662 SF in size, roughly 1/8 acre in size. I searched the registry of deeds to see if there was a plan of the property and found a recorded plan, prepared for the owners indicating that the site contains slightly over 11,000 square feet in size. This plan was recorded in 1999, after the property was purchased by the owners. This difference in size is pretty significant and I was wondering if anyone else has run into a similar situation and which lot size should be used in the report.

Any suggestions would be appreciated.

 

[jimmyfrank]

I am appraising an older home that according to the deed says that the site contains 1/8 of an acre in size. The town assessors records also indicate that the subject site contains approximately 5,662 SF in size, roughly 1/8 acre in size. I searched the registry of deeds to see if there was a plan of the property and found a recorded plan, prepared for the owners indicating that the site contains slightly over 11,000 square feet in size. This plan was recorded in 1999, after the property was purchased by the owners. This difference in size is pretty significant and I was wondering if anyone else has run into a similar situation and which lot size should be used in the report.

Any suggestions would be appreciated.

In my State a properly executed and recorded survey will trump the deed when there is a discrepency in size!

 

[The Warrior Monk]

The survey is based on the deed so the deed would take precedence.

With that said, I think further investigation is warranted. The survey is obviously not based on the deed that was reviewed, so the appraiser has to determine why. In my area, these issues would be investigated at the municipal planning department.

 

[jackyy]

The survey is based on the deed so the deed would take precedence.

With that said, I think further investigation is warranted. The survey is obviously not based on the deed that was reviewed, so the appraiser has to determine why. In my area, these issues would be investigated at the municipal planning department.

Just to let you know that the recorded survey references that deed, three prior deeds, several deeds of abutting properties and several plans of abutting properties.

 

[jimmyfrank]

Just to let you know that the recorded survey references that deed, three prior deeds, several deeds of abutting properties and several plans of abutting properties.

Based on those facts and the referenced deedS, the survey would take precedence in a court of law in Alabama. I don't know about N Y, you all may do things different up there.

 

[Smokey Bear]

Doesn't the survey rely on the legal description in the deed? Maybe they just got the area measurement mixed up. Is the legal the same for the deed and the survey?

 

[The Warrior Monk]

Just to let you know that the recorded survey references that deed, three prior deeds, several deeds of abutting properties and several plans of abutting properties.

Then the obvious question is why doesn't the deed match the survey? Determining why solves the problem.

 

[The Warrior Monk]

Based on those facts and the referenced deedS, the survey would take precedence in a court of law in Alabama.

Deeds exist and are filed for a reason...the legal verbiage escapes me, but surveys don't contain the minimum information necessary to legally identify the property and ownership (grantor, grantee, property rights, consideration, etc.). I simply cannot imagine a survey taking precedence over a deed, barring special circumstances. I am interested in reading the law, and/or seeing court decisions that support this; please provide references.

Surveys can be drawn up and filed for many reasons that have nothing do with what actually exists. For example, yield maps, proposed lot line modifications, proposed easements, etc.

 

[jimmyfrank]

Deeds exist and are filed for a reason...the legal verbiage escapes me, but surveys don't contain the minimum information necessary to legally identify the property and ownership (grantor, grantee, property rights, consideration, etc.). I simply cannot imagine a survey taking precedence over a deed, barring special circumstances. I am interested in reading the law, and/or seeing court decisions that support this; please provide references.

Surveys can be drawn up and filed for many reasons that have nothing do with what actually exists. For example, yield maps, proposed lot line modifications, proposed easements, etc.

David, You are blowing this out of proportion. We are dealing with quantities (size) not property rights, grantor, grantee ,etc. Does it not seem reasonable that the surveyor would be the expert witness to explain how he/she arrived at this size. The information used most likely came from the owner's deed AND deeds from all adjoining property owners as well as any easements etc, of record. Oh David, these are special circumstances. To the O P point. Would you appraise it as the smaller or larger tract. I say larger....with E A.

 

[The Warrior Monk]

The information used most likely came from the owner's deed AND deeds from all adjoining property owners as well as any easements etc, of record.

Surveyors can draw surveys of properties that don't exist, and they can be filed, some reasons for which I already stated; I see them all the time in my practice.

To the O P point. Would you appraise it as the smaller or larger tract. I say larger....with E A.

An extraordinary assumption is not warranted at this point, because the appraiser sees a conflict and hasn't yet verified the information. The appraiser can simply pick up the phone and call the surveyor.