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Problems recording plats of existing property even with statement
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12/29/2014 at 9:18:07 PM GMT
Posts: 3
Problems recording plats of existing property even with statement
Today I attempted to record a plat of an existing subdivision lot in Baldwin County, Milledgeville, GA and was told I would have to get it approved for recording by an individual who was out of the office for a week.  I informed the Clerk of Court person with whom I was speaking that the law stated I did not have to have a plat approved if it was an existing parcel and I put a statement on the plat and signed it to that effect, which I had done.  She informed me that she knew that was the law but in Baldwin County it had to be approved anyway.  Well, that got my dander up to an astronomical level.  I asked if there was someone else in the county who could look at my professionally prepared, legal plat and approve it so I could get it recorded and she called someone in the commissioner's office who advised me it couldn't be approved until Mr. "  " returned.  I asked if there wasn't someone else who could look at it even though I was in compliance with the law and should be able to record the plat without approval.  I was told no.  OK, what is the law all about if the counties aren't going to abide by it?  Does anyone know someone with authority in Baldwin County who can approve my plat so I can get it recorded in less than a week's time? 

12/30/2014 at 2:56:23 AM GMT
Posts: 24
Under what law or ordinance did the person allege the plat had to meet someone's approval to be recorded?  What is the name of the position of the person who allegedly has to approve the plat?  Did you try taking the matter up with the clerk of the superior court?  Take a look at other recently recorded plats in the courthouse and find ones similar in content as your's and see if they had to have some kind of approval to be recorded.  If they did, determine who approved them and see if that individual is available.  In the very few cases I've been involved with in which a public official attempted to obstruct the recording of a plat that was legally entitled to record, and my client had a closing attorney, I informed the client and the attorney about the situation, and the attorney saw to it that the plat got recorded.

Farris Cadle

1/2/2015 at 4:35:07 PM GMT
Posts: 3
Well, I finally got a call from Mr. Doug Hawkins at the Baldwin County Commissioner's office and went to Milledgeville on Wednesday morning and after getting their review of my plat and paying them $20 for the review, I was able to go to the clerk of court's office and pay them the normal $8 and got my plat recorded. I am not happy with all this, I should not have had to get the plat reviewed and I certainly should not have had to pay $20 ransom to get my plat back from the commission office so I could record it. I plan to make a motion at the next SAMSOG meeting to get the society to file a law suit against Baldwin county for violating the state law that is supposed to make it possible for licensed surveyors to record their plats that are prepared per the technical standards and in accordance with Georgia code without having to go through the hoops the counties are making us use. I feel we can file one suit and then have a legal precedence to use in other counties where similar activities are being practiced.

6/16/2015 at 6:08:12 PM GMT
Posts: 7
This is not just Baldwin County. I live and work on the south side of Atlanta and Spalding County is the same way... I have also had to pay a review fee when no review was necessary to record a plat of an existing parcel.... no subdivision! I agree with Ed, this is something that has to be ironed out with the Clerks and I would appreciate SAMSOG's help. Surveyor's are denied their rights daily!

6/19/2015 at 1:58:30 AM GMT
Posts: 3
There is a Mr. Doug Hawkins listed as a registered surveyor in Georgia (although his current license status is lapsed). Out of professional courtesy you should contact him and make him aware of the law. Be sure to give him the statute for his reference. I'm confident as a fellow professional he has no intent of breaking the law.

Last edited Thursday, June 18, 2015
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