Who is responsible for an unrecorded survey?

[ncbronte]

North Carolina (Wake)-
We have discovered that a recombination survey (of a previously divided, adjoining lot) that was agreed on and paid for was not recorded at the time of closing (11 years ago). The closing attorney has since been disbarred (2009) and the seller died last year.
Who do we approach to reconcile this, as we are unable to sell the home under the current dilemma.
Is it the title insurance policy company, the selling agent/broker, survey company (who claims no responsibility? We contacted the survey company involved and they claimed that it was never "approved" by the city... which makes no sense, if the was allowed to proceed. We were never made aware of this issue, although we paid for all costs and fees involves in the recombination.
Thanks

 

[Zigner]

North Carolina (Wake)-
We have discovered that a recombination survey (of a previously divided, adjoining lot) that was agreed on and paid for was not recorded at the time of closing (11 years ago). The closing attorney has since been disbarred (2009) and the seller died last year.
Who do we approach to reconcile this, as we are unable to sell the home under the current dilemma.
Is it the title insurance policy company, the selling agent/broker, survey company (who claims no responsibility? We contacted the survey company involved and they claimed that it was never "approved" by the city... which makes no sense, if the was allowed to proceed. We were never made aware of this issue, although we paid for all costs and fees involves in the recombination.
Thanks

Why don't you simply record a copy with the city now?

 

[ncbronte]

Why don't you simply record a copy with the city now?

Because we have already paid for it and prefer not to have to spend another 1700 to do it again. It requires a new survey.

 

[tranquility]

Even if someone were responsible, it would be too late to do anything about it now. You're going to have to fix this yourself. Perhaps by filing the survey now or getting another one.

 

[ncbronte]

Then what is the purpose of a title insurance policy?

 

[tranquility]

Then what is the purpose of a title insurance policy?

It depends on the type of the title insurance purchased and if this is a cloud on title. Errors are not necessarily a cloud. Besides, title insurance looks to a date certain and reflects the past. Unless the title insurance was purchased AFTER the combination where the survey should have already been filed, it would not even be implicated.

http://www.ncdoi.com/_Publications/Consumer%20Guide%20to%20Title%20Insurance_CHO1.pdf