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Tuesday, March 24, 2015

Metes and bounds with ownership deeds

One thing bothers me recently is the requirement of ownership deed reference (also known as the latest deed of record) on the preamble of the metes & bounds of the tract of some government entity. If the deed has a legal land description - Lot/Block or metes & bounds for acreage - I'm fine with putting the recorded deed in my own metes & bounds. However, when the latest deed only conveyed the ownership, no land description, no m&B, I don't agree with putting that latest deed on the preamble/land description.

What brings me to this frustration is one of the tract I'm working on, the land description in the latest deed is "all of my land in Harris county". If I refer to that deed in my preamble, it doesn't describe the subject boundary, and therefore doesn't meet the board rule:

Rule 663.16
Rely on the appropriate deeds and/or other documents including those for adjoining parcels for the location of the boundaries of the subject parcel(s).
In some deeds, the description in the latest deed doesn't have anything to do with the location of the subject boundary. The surveyor who follows the metes & bounds description and search for the deed in the preamble will have a hard time identify the tract.

Putting too much deeds info on might also cause problem with the privacy of the client. There is one case, I listed the latest deed info, which happen to be the will, and then the ownership changed in another trustee deed. The client complained, he/she doesn't want to show the whole history of the land for the public to know. (I later changed the preamble to say the land is 0.1xxx acre in a 100 ac Lot of a recorded plat)

Similarly, some tract is divided into % with tenths of deeds and owner names (with minimal land description, like this tract conveyed to me Volume 12 Page 101 DR). So the preamble listed tenth of the latest deeds of the current owners, none of them really describe the actual boundary of the land. Why oh why?

The thing is, determine the ownership of the land is really not a land surveyor's job. This is why we need title company, to guarantee the title of the land.

OCCUPATIONS CODE
TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,
AND RELATED PRACTICES
SUBTITLE C. REGULATION OF LAND SURVEYING AND RELATED PRACTICES
CHAPTER 1071. LAND SURVEYORS
Sec. 1071.002. DEFINITIONS.
(6) "Professional surveying" means the practice of land, boundary, or property surveying or other similar professional practices. The term includes:
(A) performing any service or work the adequate performance of which involves applying special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth ’s surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for:
(i) locating real property boundaries;
(ii) platting and laying out land and subdivisions of land; or
(iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys; and
(B) consulting, investigating, evaluating, analyzing, planning, providing an expert surveying opinion or testimony, acquiring survey data, preparing technical reports, and mapping to the extent those acts are performed in connection with acts described by this subdivision.
The board, and the law doesn't require the latest record deed on the preamble, so where is that idea come from? I check the TSPS handbook, it also only requires the deed that deals with the location of the boundary (not a direct quote, I don't have the book with me as time of writing).

I found something might stem the obsessed about the latest deed records requirement on the MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS (Effective February 23, 2011)
6.    Plat or Map
B.    Boundary, Descriptions, Dimensions and Closures
i.    The current record description of the surveyed property, and any new description of the surveyed property that was prepared in conjunction with the survey, including a statement explaining why the new description was prepared.
My boss and mentor told me that it might not a requirement of the board to list the latest deed, but the government entity can make it their own standard if they want to. He recommends that I can list the deed that described the tract, and the deed(s) of ownership(s) on the preamble too. I guess I would do that, but it still bothers me.

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