Who prepares easement deed?

[alb7921]

It is my understanding that the PLS has the responsibility of preparing the legal description and plat for an easement document but an Attorney is responsible for preparing the actual Deed showing the use of the easement, etc. etc. Am I correct? Thanks for your input!

[Warren Smith]

We prepare the Grant Deeds and descriptions for right of way acquisitions, and County Counsel reviews and signs off as to form. The same thing for Board of Supervisors Resolutions for our agenda items.

I see it as similar to compiling and plotting final maps - adherence to published statutes and local ordinances. Engineers prepare Subdivision Agreements, and counsel for all parties sign off on the final product prior to executing the document.

[pls7809]

I've prepared the deed documents before. Caltrans generally requires the surveyor to prepare the deed documents for RW acquisition, when the project is done by outside vendors. At least in the districts I've worked with on RW projects. I've done it many times.

[dedkad]

Agency, developer, surveyor, engineer, attorney. Doesn't really matter. Most of them are boiler plate anyway. In those special instances where you want more detail, I will sometimes take a crack at the language myself or have the developer do it, which usually involves his attorney. If I have any concerns about the language being added, I'll send it over to the City Attorney for his blessing.

[William Magee]

About half way through my career I made the jump to being a city surveyor. Much of the first year was spent doing construction and design work. Then one day the city manager asked me to prepare some descriptions for a couple of acquisitions, both in fee and easements. In trying to do a complete job I went ahead and prepared the whole form for those acquisitions. When they landed on the city attorney's desk I got a phone call from said attorney and we had a brief and to the point discussion on legal roles. In the years since, I've become much more studied on the practice of law. As such I'm still of the belief that preparation of grants of rights, i.e. the "bundle of rights", when done for hire, constitutes the practice of law. Only the description of land contained or referenced therein falls under the practice of land surveying.

[Jim Frame]

Title companies prepare deeds as a regular part of their business, and as far as I know those deeds never pass into an attorney's hands on their way between buyer and seller unless one or the other specifically so requests.

[Peter Ehlert]

I have had a different experience in similar venue Mr Magee. City public works had half a dozen templates, city attorney said use them and don't bother me. Clerk work.
I have no problems with that...

[dedkad]

I have had a different experience in similar venue Mr Magee. City public works had half a dozen templates, city attorney said use them and don't bother me. Clerk work.
I have no problems with that...

Same with our agency. Drafting simple agreements and deeds using template language that has already been vetted by an attorney is not practicing law according to our City Attorney.

[alb7921]

Thanks to all who replied to my question. Your input has clarified this issue for me and I am grateful.