Survey Revision and Attorney (Land Surveying)
Got a call to resurvey an ALTA that I did 5 years ago .12 acre business park lot . 5 years ago the City purchased Right of way from the client and I reported it as an out from the parent tract and being part of the City street Right of Way . I get a call from the current Attorneys paralegal saying I have a gap from the property to the Street Right of Way . He says I should have shown the Right of way as an easement and not as fee simple , I say very plainly that he is very wrong in his decision and basically to pound sand . The deed says Right of Way Deed , but down in the body it states its fee simple.. Then I get a call from the Attorney and he tells me the same and that hes checked with other Attorneys in the firm and that it should just be an easement . I tell him I been working in this Town for 20 years + and assure him the City Attorney would have a problem with this take on their R/W deeds. He tells me to recombine the R/W back into the main parcel and report the acreage as such. I tell him in no uncertain terms will I do that . I call the City Attorney and get her to send a letter to the Attorney stating that the property has been sold fee simple to the City and that there R/W deeds are fee simple transfers, he then backs down and says its Ok the way it is ?
I can see me being a young Surveyor and being bullied by Mr. Attorney and transfer property illegally by the map , by combining the lots back together . I have had run ins with this guy before and this is my second victory from his legal advice to me the simple Surveyor . I still dont know where he came up with this? He got the old Attorney involved the Title Company etc . Fun day.