STANDARD NO. 501

 

 

PROBLEM:

When should a survey and/or survey information be recommended?

RECOMMENDATION:

    1. Whenever the description will not permit the examiner to determine what the boundaries are; or
    2. Whenever a survey or plan of survey is required by law; or
    3. Whenever a known dispute exists or the examiner recognizes the description to be vague, ambiguous or to contain a defect; or
    4. Whenever necessary to insure compliance with restrictions of record.

DISCUSSION:

The opinion of the examiner relating to the status of title should state that boundary problems can exist no matter how clearly drafted the description appears to be, unless there is a recent survey.

After consultation with a surveyor, a written opinion from the surveyor could eliminate the necessity of a survey.

The existence of a survey or plan of survey may not resolve all questions, and in addition, a written opinion of a surveyor based upon the survey may be required.

The instruments of record may determine what the boundaries are. Only a licensed surveyor can determine where the boundaries are located on the face of the earth. See Grant v. Warren Brothers Company, 405 A.2d 213, 216 (Me. 1979).

See also Standard No. 502.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First adopted August 25, 1960; amended June 19, 1975, December 7, 1983, January 6, 1987 and April 27, 1993. Formerly Title Standard No. 33.

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