[WSBARP] Recorded Survey with no legal description - Problem??

[marc holmeslawgroup.com]

Mates,

I've got a client purchasing a property that the seller had surveyed several years ago.  It shows various features along the lot lines (fences, rockeries) some of which are not perfectly on the legally described boundary lines but very close (a foot or less one way or the other).  In other words, nothing shocking or atypical for an older neighborhood and no obvious powder kegs waiting for a spark to set off litigation (assuming the survey is accurate)

What's weird is that the survey does not have a legal description of the subject property anywhere on it and the various calls and distances on the drawing itself are slightly different than those in the property owner's vesting deed (a metes and bounds description only, never platted).  The legal in the owner's vesting deed matches that in the newly issued preliminary title commitment.

In the general notes the surveyor stated the "sole purpose of this survey was to locate the boundary lines" and the client (current property owner) did not provide a "title report of the boundaries" so the surveyor used "a combination of surveys and plats in concert with found monumentation to determine the boundaries shown hereon" and "actual ownership status may vary."  None of the surveys and plats listed are contiguous with the subject property and the nearest is a couple parcels away.

I'm trying to decide if this is a problem worth objecting to and, if so, what's the solution?  Any idea why the surveyor would not use or at least reference the client's vesting deed?




Marc Holmes, JD
Holmes Law Group PLLC
2303 W. Commodore Way, Suite 306
Seattle, WA 98199
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
(206) 357-4224 (ofc)
(206) 849-0853 (cell)

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