Bulletin: FL000045

Dear Associates:

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.