- June 29, 1994
- All Florida Offices and Agents
- Sketch for Legal Descriptions
The recent Legislature passed a little noticed bill, the relevant part of which reads as follows:
"For the purposes of requiring the recording of instruments, any instrument relating to land surveying, including the descriptions defining land boundaries, must include a sketch that shows all information referenced in the description, which sketch must also state that the sketch is not a survey."
It is not entirely clear as to what this new statute means. Some have interpreted it to mean that on any instrument which includes a legal description, such as a deed or a mortgage, a sketch would be required. Some think it does not mean that but simply do not know what it means. Some of our Circuit Court clerks have indicated that they believe it relates to metes and bounds descriptions and may not accept documents for recording. Others have clearly stated their conviction that it does not apply to deeds and mortgages but that it applies only to matters directly related to land surveying, such as a surveyor's certificate.
Until there is further clarification, our recommendation is that you may continue to record deeds, mortgages and satisfactions without regard to this law. If anything new develops, we will keep you advised.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.