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Travis Point
(@travis-point)
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June 13, 2018 6:46 am  

While browsing through a few deeds in the Dover, NH area, I came across this CYA paragraph in a warranty deed:

"This deed was prepared by Walker & Varney, P.C. from information supplied by the grantor,
and at the request of the grantor no independent title examination was undertaken nor did the
preparer otherwise verify the accuracy of the representations contained herein, nor provide
advice regarding the estate, gift, income, transfer, business profits, or other tax consequences
thereof, if any."

Now, I could imagine seeing something like this on a quitclaim, but a warranty deed?  Am I missing something?

Kevin


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paden cash
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June 13, 2018 8:21 am  

I don't think you're missing anything.  It does make me wonder what's the "real" story behind the note.  It could be just that Walker & Varney are accustomed and comfortable being provided recent title opinions and in this case the client didn't feel that need. 

There are a few instances where I guess I could understand the placement of such a note however.  One that comes to mind would be if there was any sort of evidence the grantor stated in the WD only possessed a portion of the rights, title and interest to the subject property.  Or if title to the property was clouded or in the process of being contested or perfected.  If this were the case I agree that a QCD might well be more appropriate.  At any rate granting a warranting title to property places a good deal (all) of responsibility on the grantor.

 

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Peter Lothian
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June 13, 2018 8:33 am  

Does anyone have any knowledge of a claim being made and won against the grantor of a warranty deed by a grantee?


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Norman Oklahoma
(@norman-oklahoma)
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June 13, 2018 9:33 am  

Now, I could imagine seeing something like this on a quitclaim, but a warranty deed?  Am I missing something?

It's the property owner who does the warranty-ing in a warranty deed, not the surveyor.  

"Convention is like the shell to the chick, a protection till he is strong enough to break it through." Learned Hand


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Paul in PA
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June 13, 2018 9:38 am  

My interpretation is that Walker & Varney, P.C. did not in fact survey said parcel.

Paul in PA


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James Fleming
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June 13, 2018 9:42 am  
Posted by: Paul in PA

My interpretation is that Walker & Varney, P.C. did not in fact survey said parcel.

Paul in PA

I would hope not ? 

http://walkervarney.com/

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aliquot
(@aliquot)
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June 13, 2018 9:47 am  

Walker and Varney are not surveyors. The "warranty"  part of a warranty deed is a warranty  from the grantor to the grantee. This statment is an attempt by a third party, the attorney, to avoid any liability.  So its just a appropriate (or inappropriate) on a warranty deed as a quite claim. 


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Bill93
(@bill93)
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June 13, 2018 9:49 am  

I can see why the preparer might want the title search disclaimer if they felt someone might come back on them for problems. 

But the deed is NOT the place for the tax advice disclaimer.


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Dave Karoly
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June 13, 2018 11:12 am  

We have a local surveyor named Varney.

O death, where is thy sting? O grave, where is thy victory? -1 Corinthians 15:55


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James Fleming
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June 13, 2018 12:11 pm  
Posted by: Dave Karoly

We have a local surveyor named Varney.

We have a local surveyor named Varney.

Who's ethics were, at best, somewhat smamry

He'd move client's pins

For a couple of tens

Until the lawsuits came in like a tsunami

 

“Civilization is not an endless succession of inventions and discoveries, but the task of ensuring that certain things last.”
— Nicolás Gómez Dávila


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