In the process of examining the records and visiting the site, a practitioner often obtains information beyond the scope of a title abstractor’s services or of a typical record examination for a title opinion. Laws and regulations governing the subdivision process and land development often influence the use of the property, marketability of the title, value of the property, location of boundaries, and the configuration of parcels. In the last quarter of the 20th century, the complexities of the laws and regulations relative to residential subdivision and land development have increased dramatically. Through mistake, ignorance, oversight, or fraud, many of these regulations were ignored, overlooked, or otherwise violated. To the dismay of landowners, when these violations are discovered, the marketability of the title is brought into question, property values drop, sales do not occur, fines are levied, and litigation often results.
Justified or not, the practitioner who is called upon to provide engineering, realty, retracement, or title services is often snared in the legal liability and finger pointing. On the other hand, some practitioners have actively expanded the scope of their services to include a review for compliance with laws and regulations pertaining to residential land development. For example, survey practitioners often are compelled to expand their services to insure historical subdivision compliance.
Faculty from live program:
P. Andrew Hamilton, Esq.
Knud E. Hermansen, P.L.S., P.E., Ph.D., Esq.
Jonathan A. Pottle, Esq.