Splitting a Parcel

My question involves real estate located in the State of: Michigan
We purchased a foreclosure 5 years back with no survey, but a warranty deed and title insurance. The legal description was fairly straight forward. The property is adjacent to our township park and along our back property line is a creek/drain. What we didn't realize was that the creek bridge within the town park is partially on our property. The township approached us with a small but fair offer to purchase a sliver including the bridge and if accepted, agreed to cover all transaction documentation, preparation fees and closing costs. We are not trying to make a killing of this, being rooted in the community, almost selling at pass through; however, our goal wasn't to have additional expenses out of this deal. Honestly, I am happy to rid ourselves of any liability with that public bridge being on our property.

We have not signed the purchase agreement yet, reviewing/revising proposed details.
To prepare this transaction, they hired a surveyor who only surveyed the sliver of the land we are selling and the township's new expanded parcel.
For our revised parcel, they took the legal description from our old warranty deed and revised it to reflect new boundaries, although the descriptions/bearings look
completely different.We were given a copy of the survey which show 3 legal descriptions and an accompanying map/survey. Our legal description,
once revised, notes that it was "not surveyed". I plan to review it with the surveyor, and know they must have some baseline for the description.
If this deal goes through, there will be our original warranty deed recorded in the county and the new one for the sale of this portion. Then, we will have a legal
description of our property revised with the tax roll. If we ever sell in the future, my concern is that the legal description will need to be verified. They will have 2 recorded warranty deeds and the revised description and we don't have a survey. I read it was best practice to survey both parcels. Any thoughts on how we may mitigate future expenses or the likelihood of a future surveying expense? We are not trying to waste the township (or our) money.
Their lawyer is preparing the closing documents, but they don't plan to secure title insurance. I don't know if a title company would've provided a good sense check in this.
Thanks in advance.

This is not the splitting of a parcel, but an exchange of land between adjoiners. As such, it falls outside of the extensive Michigan laws regulating parcel splits and their surveys.

My guess, not being licensed in Michigan, is that the surveyor involved in this matter has done nothing illegal in the survey. You can certainly hold out for a new survey to more accurately create the new description required for your parcel.

Ok thank you. That is helpful. I figured that the surveyor just completed what he was tasked to do. However, I am mulling over whether it is wise for us to push for the survey. I don't want the purchaser or us to incur unnecessary costs to get this deal done (if a future issue is unlikely). With this type of transaction, I am just not sure if the legal description will likely hold out in the future for when we sell the property (given it was not tied to a survey) and says this clearly. I need to talk to the surveyor and find out what his methodology was to come up with the description they provided. I meet with him next week.
Thanks again!

.

Quote:

---

They will have 2 recorded warranty deeds and the revised description and we don't have a survey.

---

Huh? There would be the deed you received when purchasing the property. Then, there is the deed involving the sliver of land that you would be listed as grantor to the township. That's it as far as the land records go.

Quote:

---

I read it was best practice to survey both parcels. Any thoughts on how we may mitigate future expenses or the likelihood of a future surveying expense? We are not trying to waste the township (or our) money

---

.why would the township survey your property? All they need to be concerned with is the sliver you are selling them. They had that surveyed and that is what will be listed on the deed with you as grantor and the township as grantee.


when/if you sell, or anybody researches your lot, they will (or should if they are competent) review all deeds associated with your property. That is what a title search is for. They will come to the conclusion that you own what you own.

jk, I think that the OP realizes that a new description of her property will be created, but not from a survey of her property. I think that she is a bit puzzled as to how a valid new description can be created without her parcel actually being surveyed. Obviously her new description is not being created for conveyance of her parcel in a deed at this point but it will become a public record immediately for the county assessor.

Quote:

---

why would the township survey your property? All they need to be concerned with is the sliver you are selling them.

---

If there is any kind of discrepancy in the survey all parties to the transaction can have exposure. The OP is being asked to grant property not confirmed hers by any survey by a warranty deed. The township is apparently purchasing a sliver of land based on a survey of what it already owns as a reference rather than referencing the sliver to the actual parcel it is conveyed from. So there is no survey showing the actual relationship of the parcels of the grantor-grantee. That is a potential problem. If the township purchases title insurance it will undoubtedly exclude problems which would have been revealed by a proper survey of the purchased parcel.

I think that the OP is on the right course in meeting with the surveyor involved and getting an explanation of how he was able to reference her requested conveyance to the rest of her parcel. Any time a surveyor feels able to create a description for conveyance without surveying at least a part of the original parcel a report of survey should be requested explaining the reasoning.

Not really a legal problem or question, but for me the request of a warranty deed without a complete survey would be a deal breaker.

I believe it would be the OP's responsibility to obtain their own survey should they wish to ensure the facts at hand. The township is simply accepting the OP at their word they own what they own and asking for a warranty deed based on that. If the OP does not believe they can adequately defend a warranty deed due to the lack of a survey, they they should obtain a survey. Of course they can ask the township to pay the costs but I do not see it as the townships responsibility to do something the OP should have done themselves for themselves anyway.

Quote:

---

I think that the OP is on the right course in meeting with the surveyor involved and getting an explanation of how he was able to reference her requested conveyance to the rest of her parcel. Any time a surveyor feels able to create a description for conveyance without surveying at least a part of the original parcel a report of survey should be requested explaining the reasoning.

---

If I understand the situation correctly, there is no need to reference the sliver to the OP's parcel. The township simply defined the section they are purchasing. While I understand your statement, I also understand that any given plot of land can be defined with no mention of relation of any other property when using a metes and bounds description. In fact, mine is just as that. It references a section and range point and defines my land based on that point. There is no mention of any other property in the description of my lot. I would have to believe that is how they created the description of the sliver.

Quote:

---

I believe it would be the OP's responsibility to obtain their own survey should they wish to ensure the facts at hand.

---

Sorry, but the OP has no responsibility at all at this point. It's the township that has the problem, and the sole responsibility and burden for solving it. This is not a condemnation proceeding, so the OP does not even have a responsibility to reply to the township. She has every right to ask questions and get answers before agreeing to anything.

Quote:

---

Quoting LandSurveyor

---

Sorry, but the OP has no responsibility at all at this point. It's the township that has the problem, and the sole responsibility and burden for solving it. This is not a condemnation proceeding, so the OP does not even have a responsibility to reply to the township. She has every right to ask questions and get answers before agreeing to anything.

---

at this point; I agree but what transpired previously is on the OP. They did not obtain a survey and there is no reason for the township to pay for a survey for the remaining lot of the OP's. All they want is the part they have defined in their survey.

I would suggest to the OP that if they wish to sell, then do so but only utilize a QC deed. That removes any liability the OP would incur when using a warranty deed.

Not suggesting OP not ask questions or make whatever demands they wish. I am simply saying the township has no obligation either. If the parties can find a mutual ground, great. If not, then they don't make the deal. If the township wants to condemn the property and quite possibly pay less for the property than they are now and still not survey the OP's land, that too is up to them.

Thank you both for responding. I feel that we were approached amicably and that both sides want to handle this that way, not by condemnation or us hard balling as we finalize this purchase agreement. We are trying to eliminate unnecessary costs and so is the township, but I am not willing to do this without considering risk. Whether this property sells, which I believe this deal will go through one way or the other, there is an existing issue (the bridge).

We were approached when the situation was discovered. Verbally, we agreed that they would do the legwork, take on the expenses to properly prepare and execute this deal, separate from the purchase price, which was minimal. Technically they had no obligation to survey our remaining parcel, but our remaining parcel is impacted by this deal with the generation of a new legal description that will be on the tax roll and used in the future if we try to convey the remaining property (as LandSurveyor reiterated). The township surveyed the parcel they want to purchase along with the adjoining property (theirs). That survey just didn't include our parcel (original boundaries or remaining). However, that survey generated the 3 legal descriptions including the new boundaries of my property that would remain if this deal executes.

Obviously, we have a responsibility too, buying a piece of property with a bridge partially on it, unknowingly. The legal description of our property has been on the books for years; someone built that bridge without knowing the boundaries. We were sold our parcel on a warranty deed with title insurance provided. No one mentioned condemnation, but I wonder if that was ever an issue, what our rights would be with the previous seller/title company, if any. Also, I will ask the surveyor what the cost would be to finish the job and accurately survey our current parcel and new boundaries. I really would like to be diligent and fair. Would you still recommend using a quit claim deed if it was surveyed? Thanks again.

Whether you use a QC deed or warranty deed is a personal issue and a issue of negotiation between the parties. Since you do have title insurance, once it is proven the parcel in question (the sliver) is in fact part of your larger parcel, I see no problem with a warranty deed. It is only if it is actually unknown whether the sliver is in fact part of your parcel would I see it becoming a possible problem in the future. Seeing that it is being purchased by a governmental entity, I would wonder if they really care if you us a QC deed or not. Obviously using such reduces any possible issues in the future for you.