Yes, It’s your fault

Due diligence is your responsibility. Yours. No one else's. Yours.   Just imagine an individual who, seeking a mate, marries the first person they come across who is willing. No dating, no background checks, no meeting the family. Just a quick agreement and Boom! The deal is done. We don't usually think of dating as [...]

By | 2017-06-17T09:52:24+00:00 June 16th, 2017|Due Diligence, Legal issues|Comments Off on Yes, It’s your fault

Due diligence error results in $680,000 – 5,000 sq. ft. home built on the wrong lot

Palm Coast, Florida. Photo by Bob Koslow/Daytona Beach News-Journal."We are in total disbelief, just amazed this could happen," said Mark Voss, owner with Brenda Voss, of the luxury home constructed on the wrong property. The Voss' new home has  five bedrooms, 5.5 baths, ocean views, enviable amenities such as a theater and game-room, but sits [...]

By | 2014-10-25T14:23:52+00:00 October 25th, 2014|Due Diligence, Legal issues, Survey Problems, Uncategorized|Comments Off on Due diligence error results in $680,000 – 5,000 sq. ft. home built on the wrong lot

Spainhour v. B. Aubrey Huffman & Associates, Ltd.

Record No. 861164 Supreme Court of Virginia 237 Va. 340; 377 S.E.2d 615; 1989 Va. LEXIS 49; 5 VLR 1884 March 3, 1989 Appeal from a judgment of the Circuit Court of Albemarle County. Hon. Robert L. Powell, judge designate presiding. Reversed and remanded. HEADNOTES: Real Property -- Boundary Surveys -- Practice and Procedure -- [...]

By | 2017-06-10T12:56:09+00:00 June 7th, 2014|Legal issues|Comments Off on Spainhour v. B. Aubrey Huffman & Associates, Ltd.

“Locating property lines without the assistance of a Surveyor” is a Bad Idea

I spend a significant portion of my energies warning people about this. It's all I can do. The Knoxville News Sentinel reports that the City of Oak Ridge is suing two men for $50,000 in damages for cutting trees that did not belong to them after they "located the property lines without the assistance of [...]

By | 2014-10-21T08:37:54+00:00 August 23rd, 2012|Legal issues, Survey Problems|Comments Off on “Locating property lines without the assistance of a Surveyor” is a Bad Idea

2011 ALTA/ACSM Land Title Survey Standards Released

The new 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys will be effective on February 23, 2011. The 2011 Minimum Standards represent the latest and 8th version of the Standards which were last revised in 2005. It is also the first major rewrite of the Standards since their initial adoption in 1962. The [...]

By | 2011-02-02T11:33:46+00:00 January 13th, 2011|Legal issues|Comments Off on 2011 ALTA/ACSM Land Title Survey Standards Released

Survey Affidavit Of No Change

At real estate closings, it has become prevailing practice for sellers to sign, and buyers to accept a "Survey Affidavit Of No Change." This practice may saddle both buyer and seller with more liability than they realize. The practice transfers liability from a professional surveyor to unqualified parties. Read this article for an in-depth look [...]

By | 2010-08-11T12:06:25+00:00 August 11th, 2010|Due Diligence, Legal issues|Comments Off on Survey Affidavit Of No Change

Eminent Domain bills

These Eminent Domain bills were sponsored by my State Senator (Rand McNally) and State Representative (Bill Dunn) in 2009: SB0521 / HB1771 Eminent Domain - As introduced, requires county and municipal legislative bodies to approve the exercise of eminent domain by two-thirds vote prior to any property being condemned and taken by such bodies. SB0522 [...]

By | 2010-03-25T19:01:40+00:00 March 25th, 2010|Eminent Domain, Government, Legal issues|Comments Off on Eminent Domain bills

Three Rivers Market

We just completed a survey of Three Rivers Market on Broadway. There was a question about tree ownership. Tree ownership questions are always interesting. Unless a tree is wholly located on one property, the tree is owned jointly (in Tennessee). Ownership of a boundary-line tree -- and thus responsibility for the tree -- is shared [...]

By | 2010-02-15T13:28:51+00:00 February 15th, 2010|Legal issues, Projects|Comments Off on Three Rivers Market

U.N. once flirted with property rights, demurred

That was a long time ago. I suppose dictators and property rights, like oil and water, just don't mix. In 1948, property rights got their own article in the United Nations' Universal Declaration of Human Rights (''No one shall be arbitrarily deprived of his property''). But when they finally got around to turning the declaration [...]

By | 2010-01-12T16:42:21+00:00 January 11th, 2010|Government, Legal issues, Property Rights|Comments Off on U.N. once flirted with property rights, demurred

Will City-Slicker Chickens find Home in Knoxville?

We'll soon find out. A meeting to discuss a proposed city ordinance allowing the raising of a limited number of hens on Knoxville properties is scheduled for Monday, Jan. 10 at Lawson-McGhee Public Library from 2-4 pm. The initiative is spearheaded by the Knoxville Urban Hen Coalition. Knoxville Urban Hen Coalition mission: A growing number [...]

By | 2010-01-11T00:38:02+00:00 January 11th, 2010|Government, Legal issues, Property Rights|Comments Off on Will City-Slicker Chickens find Home in Knoxville?
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