ALTA Record Description Revision per Attorney
Working on an ALTA for a deeded property. The record description provided in the title commitment is sufficient other than excluding a portion of land deeded to the county for a road widening.
I noted on the survey that the description does not take into account said widening deeds.
Attorney wants me to put a saving and accepting note underneath the record description. They are not updating the title commitment. This doesn’t sit well with me. Any thoughts?
Minimum standards require the current record description or a new description with a statement of why it was prepared, and in this case, how the description differs from that of record.
If I create a new description, in my mind, it needs to comply with Maryland minimum standards of practice. Otherwise, I’m not seeing a good disclaimer note to put. “Description Provided by Attorney. Does not describe same property as record description?” Then nobody’s problem is solved.
My initial thoughts are to provide a completely new description if they want me to stick my neck out. Like to hear what you all think, see if I’m over (or likely under) thinking.
What harm would be done in complying with the request and creating the new slightly different legal description under a new heading not called Record Legal Description, not called Survey Legal Description, but called Attorney Requested Legal Description?
Remember you are the professional and if it is under your purview/licensing requirements, I don't believe it would relieve you of liability to follow the attorney's request.
In fact, squirrel notes can prove that you were negligent in doing your job. Be careful and good luck.
If he wants you to fix the description, do it correctly based upon senior deeds.
If there are deeds to the county, shouldn't they be of record somewhere? The title company would need to provide those deeds and then in those deeds I presume you would find a legal description of the property they came from and thus you would then be able to use an accurate and of record description of the property. Which should be the same description the attorney wants. If there are no deeds of record to the county then I would tell the attorney to go pound sand. Or you could word it "blah blah blah Your legal description blah blah blah minus any land that may have been deeded to the county, said deeds were not provided by the title company for this survey."
Read every word in that so-called deed to the county. It may actually only be an easement despite some of the wording. This has been discussed previously.