California Surveyors Forums

I was asked to do a topographic and boundary survey for an undeveloped property.After researching maps and records for the property I have found followings:

1- The APN is assigned to an empty lot between two tract maps.
2- The Deed consists of two exhibits,

2-1. Exhibit A is a 3 page "agreement to sell real estate" and refers to the APN and a brief description. It states that the property area is 0.207 Acres and it is lying southerly and adjacent to lots 1,2 and 3 in block 6 of a tract map.
Item No. 24 of the agreement states that " Seller warrants parcel has free and clear title and has disclosed that parcel is virtually landlocked and unbildable"

2-2. Exhibit B is a deed that describes a totally different property

3- An amended Tract map No. XXX, recorded in 1979 shows the landlocked property with bearings and distances all around the property.

Based on my findings, a chain of title need to be done to find out the description of the property. The description in exhibit A is ambiguous and cannot be surveyed.
The description in exhibit B is incorrect. If the owner does not agree with chain of title solution, here is what I can do for the boundary of the property.

I would do a topographic and boundary survey, but there will be a note on the map stating that the boundary showing is taken from the amended tract map No. XXX and the description for the boundary of property is missing.

I would like to know your opinion on this issue and how you would handle it.
Thanks

I imagine you tried to get deeds to the property from a title company. I would make sure you have the latest current deed.

I think you are on the right track.

You can't do a boundary survey without all of the research material required. I wouldn't show any boundary that is just a guess. You can do a topo without surveying the boundary but that may not serve the needs of the client's project.

Do enough surveying ,both of records and in the field, so that your opinion is based upon substantial evidence. This may include a chain of title back to the ceation deeds for all adjoining parcels. Or tt may be that the answer to your question is contained in 2 deeds. These deeds would be the parent parcel deeds for each tract,along with the maps and surveys for each tract.

get a title report, chain of title or something real close thereto.

So basically, if you do not get the proper documentation of your client's parcel, you would be surveying the adjoiner's property line positions, which may be in conflict with your client's property lines. I would NOT want to assume that much.

It appears that there may be a pretty good chancce that the deed you have is because someone transposed a document number incorrectly?

If it were me, I would tell the client to provide me with a PTO (preliminary title report) or COT (chain of title), which will probably turn up the correct deed.

I'm unclear as to why you think that Exhibit B is wrong. I would not assume that the two exhibits, if they are attachments to a single recorded deed, were intended to describe the same property. It owuld make more sense that they describe two distinct parcels obtained in one transaction represented by the deed.

Another point I'm unclear on is that these exhibits to your client's deed are a sales agreement and another deed. It seems odd that a deed would attach and incorporate the complete documents. Does the main deed document refer to only specific portions of the documents attached as exhibits?

But that's a side matter, so back to your specific question which seems to be about locating the boundaries of the parcel described in the Sales Agreement (Exhibit A). I agree with those who suggest a chain of title. This parcel is probably the remainder from a parcel from which one or more of the adjacent parcels were cut from. If that's the case, your job will be to retrace the parent parcel and any cutouts. What's left is your client's parcel.

Suggest a reformation deed to clean it up once you are able to discern their boundaries.