You are correct that a survey needs to be on file if referenced in a deed,
however, I feel Clerks should record most anything that comes our way and it
is not my responsibility (nor do I want it with +/- 75 deeds per month) to
check over what the lawyers are doing who get the big dollars for doing it
even when "its not entirely correct". Record the deed and move on. If the
property can't be sold later on because the deed is incorrect is not your
issue, don't make the job harder than it is. As for getting screamed at,
that's part of the job, as the public servant is always at fault according
to the public, for the very rude and obnoxious, just walk away or hang up,
don't take it from anyone. You should see what goes on in the most "golden"
town in VT on tax day!! Good Luck with the clerkship and best wishes for
the new baby.
Nettie, TC Ludlow
At 01:51 PM 12/17/1999 -0500, you wrote:
>Hello Town Clerks out there!
>I am once again asking for your advice.
>I recently received a deed that references a "Preliminary Survey" dated May
>1993, recorded in Book 2, Page 63. When I looked at Book 2, Page 63, I
>found a survey that does not say "preliminary" and is dated November 1993.
>I returned the deed to the seller's attorney, explaining that the survey on
>file is not the same survey that is recorded.
>He removed the word "preliminary" from the deed and returned it to me, but
>it still references a survey from May 1993, not the same survey that I have
>on file. His letter indicates that the buyer's attorney feels that
>"although the reference is not entirely accurate", it is good enough for
>recording. After speaking with David Grayck, who agreed that although a
>book and page is given, the survey recorded there is not the same survey
>that is referenced in the deed, I again returned the deed to the seller's
>The buyer's attorney called me today and SCREAMED at me, saying that it
>isn't my business whether the survey is correct or not, and since I am new
>I don't know what I am doing, and he is going to file a complaint with the
>Secretary of State's office, etc.
>I have two questions. Would my fellow clerks have recorded the deed with a
>reference that the attorneys admit is "not entirely accurate"? And more
>importantly, how do you handle it when an attorney is so blatantly rude and
>threatening and tries to bully you into recording something that you know
>is not permitted by statute? Is there a code of conduct that discourages
>attorneys from harassing clerks? I am six months pregnant and I think this
>kind of treatment is dangerous to the baby.
>Please let me here your thoughts on this.