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Name:   Harborcon - Email Member
Subject:   Survey?
Date:   8/14/2006 11:02:12 AM

I am a newbie to this site, so please be gentle. I live in Birmingham, and have been a LM property owner for almost 10 years now, and have recently discovered that our lot is incorrectly depicted on the tax maps. The only way to correct it is to have it surveyed. Having been seriously "home cooked" by various service providers, I am seeking word-of-mouth referrals from other property owners. I have found it very difficult to get work done at my little cabin (a Jim Walters structure built in the 50's), and learned the hard/expensive way that a listing in the Dadeville yellow pages does not necessarily equate to consciencious, honest or reputable, and certainly has nothing to do with knowledgeable or even competent. But I digress... Anyone out there know of a licensed, registered surveyor in Tallapoosa County? I have located the two corner posts (concrete cylinders) in the lake bed. They used to be on the property before years of waves from jetskis and other fast-moving watercraft discovered our slough is a perfect place for perfecting "do-nuts" and "wheelies" and gradually eroded about 6 feet from our shoreline. One of them is actually laying on its side and I'm not sure where it was originally imbedded in the ground. Have also located two other concrete posts marking the south side of the property. I just need a valid survey that I can file with the County to correct the tax map. Only one of the Tallapoosa County surveyors in the phone book is registered as licensed with the State of Alabama. That was really surprising. Any help out there?



Name:   roswellric - Email Member
Subject:   Survey?
Date:   8/14/2006 11:22:34 AM

Sure hope you bought owner's title insurance. I' know one but can't remember his last name. ( me old). Try to find it for you - he's a very competent guy.



Name:   KWhopper - Email Member
Subject:   Survey?
Date:   8/14/2006 11:57:57 AM

I just spent $20k defending my property line from my neighbor, ( who has an undeveloped lot next to me). He claimed the property line was different from what my survey showed at the time I bought back in 1991( He waited until 2001 to make a claim). His son in law is a B'ham atty and took the case all the way to the Al Supreme court. I won in all venues but, as noted, spent a chunk of change not to mention five yrs of misery with little or no recourse. The surveyor who basically won the case for me is in Elmore county, Name is Ron Burke @334 567-2185. He does alot of Lake Martin survey work and is certified .



Name:   roswellric - Email Member
Subject:   Survey?
Date:   8/14/2006 1:44:10 PM

Dan Cook in Dadeville...may be a Jackson's Gap address.



Name:   roswellric - Email Member
Subject:   That's terrible
Date:   8/14/2006 1:46:02 PM

That is clearly an abuse of the system. Too bad they left the "loser pays" component of British law at the dock........



Name:   peruecreek - Email Member
Subject:   Survey?
Date:   8/14/2006 2:19:56 PM

Norred Engineering in Alexander City did our survey.



Name:   Flash - Email Member
Subject:   Survey?
Date:   8/14/2006 3:52:58 PM

I strongly recommend Mr. larry Speaks im Montgomery. 334 262 1091



Name:   GoneFishin - Email Member
Subject:   Title Insurance
Date:   8/14/2006 4:02:30 PM

As I understand title insurance, you are insured during the entire time you own the property for the initial purchase price. Any increase in value is not covered. Owning property for 10 years would, unfortunately, provide very little coverage based on the escalation of the property's value. I wonder how much of the legal fee would be covered?



Name:   ot - Email Member
Subject:   Survey?
Date:   8/14/2006 4:30:04 PM

Philip Fretwell out of Auburn...Fretwell Land Surveying. smart guy! he has recently done work for me on a garage. plans not a survey, but he knows what he is doing.



Name:   Harborcon - Email Member
Subject:   Survey?
Date:   8/14/2006 4:41:12 PM

Thanks so much to all of you who responded. Sadly, there is no title insurance. We can't even find the survey. A long and convoluted (though interesting) story. Two couples bought this property in 1979. Both have since divorced, one remarried, and I was offered the remaining share. Our neighbor just cleared the area of his property immediately adjacent to our cabin to move in a double-wide for his in-laws and he and we were trying to find the property lines to be sure he didn't encroach. That's when I checked the tax map on line and discovered our 198 front feet of lake was listed there as only 98 feet. I went to the Tallapoosa County Courthouse and traced the deeds back to the early 1950's. When the person who sold it to us in 1979, he had it surveyed to correct "bad calls" in the previous deeds, and our deed reflects that the property description is taken from a survey prepared by Ralph Hays, registered land surveyor. I managed to track down the original file on that sale, but the survey itself is not in the file, and was never recorded at the Tallapoosa County Courthouse. The two couples never even knew a survey had been prepared, and none of them ever thought to ask for it or to get title insurance. Because the seller held the mortgage, there was no bank to require a survey. I know how stick this situation can be and, while I've never been involved in a property line dispute, I've been a paralegal for almost 30 years (have heard all the lawyer jokes, thanks; even told a few) and realize we must clarify this with the County. I will begin to contact the surveyors and thank you all again, very, very much. I'll let y'all know how this turns out.

URL: connie@shawanderson.com

Name:   BigFoot - Email Member
Subject:   Survey?
Date:   8/14/2006 4:52:21 PM

...not sure which online tax site you were using, but if using the flagshipgis site, you will find many, many errors and misrepresentations. I assume that you checked out your info
at the courthouse to ascertain that the online data accurately portrayed what exists in the property and tax records at the courthouse.



Name:   FLee - Email Member
Subject:   I agree
Date:   8/14/2006 5:05:02 PM

Larry Speaks handled this for us as well. No complaints.



Name:   Lakeman - Email Member
Subject:   Survey?
Date:   8/14/2006 7:15:05 PM

I'm not certified but I did stay in a Holiday Inn Express last summer.



Name:   roswellric - Email Member
Subject:   Survey?
Date:   8/14/2006 7:32:17 PM

I think he used you already :-)



Name:   HappyCamper - Email Member
Subject:   Survey?
Date:   8/15/2006 8:00:26 AM

Good luck to you! I think this happens more than you know. The lake was surveyed a long time ago and is bound to have errors. Our attorney told us that Alabama is a "race to the courthouse" state which basically means that, if there is a boundary dispute, the person who recorded the deed FIRST is the owner and other claimants must prove otherwise, which can be costly. Everyone should check your deeds and make sure your closing attorney recorded your purchase. And always buy title insurance if you can.



Name:   au67 - Email Member
Subject:   Survey?
Date:   8/15/2006 8:23:38 AM

I would highly recommend Larry E. Speaks & Associates in Montgomery. Telephone number is 334-262-1091.







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