Commercial Title Research
& Advanced Drawing
By Julie Ann Rutledge, VCTE
Commercial Title Research
The BIG Picture Approach
Commercial Title Research
DEFINITION:
Commercial Real Estate (CRE) is
defined simply as any property
owned to produce income.
Commercial Title Research
CRE = 6 General Categories:
1. Office Buildings / Professional Buildings
o Single Tenant Properties
o Professional Office Buildings
o Downtown Skyscrapers
o Everything in-between
Commercial Title Research
CRE = 6 General Categories:
2. Industrial Properties
o Range Small - Large Industrial
o Office Service Buildings
o Office Warehouse Buildings
o “Big Box” Industrial Properties
Commercial Title Research
CRE = 6 General Categories:
3. Retail / Restaurant Properties
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Range Small - Large Properties
Pad Sites in Prime Locations
Single Tenant Buildings
Mixed Use Developments
Shopping Centers Anchor Stores
Large Big Box Shopping Centers
Outlet & Shopping Malls
Commercial Title Research
CRE = 6 General Categories:
4. Multifamily Complexes
o Apartment Complexes
o Condominium Properties
o High Rise Apartment Buildings
Commercial Title Research
CRE = 6 General Categories:
5. Land Investment Properties
o Undeveloped Raw Land
o Rural Acreage Properties
o Non-Residential Development
o Designated Future Commercial
Commercial Title Research
CRE = 6 General Categories:
6. Miscellaneous Non-Residential
o Hotels
o Hospitality
o Medical
o Hospitals
o Self-Storage
Commercial Title Research
Residential Real Estate (RRE) Definition:
Residential Real Estate is a type
of property containing either a
single family or multifamily structure,
this is available for occupation for
non-business purposes.
Commercial Title Research
RRE = 3 Major Categories:
1. Attached Multi-Unit Dwellings
o Apartments
o Multi-Family Houses
o Townhouse
o Condominium
o Cooperative (Co-Op)
Commercial Title Research
RRE = 3 Major Categories:
2. Semi-Detached Dwellings
o Duplex Houses:
which are described
as Two Housing Units
with one shared wall
Commercial Title Research
RRE = 3 Major Categories:
3. Single Family Dwellings
o Detached House
o Free-Standing
o Single Family
o Residential Home
Commercial Title Research
Don’t Have Tunnel Vision
Commercial Title Research
Title Search FOCUS
Don’t have ~ ~Tunnel Vision~ ~ in your Title Search
 Requires Time & Meticulous Attention to Detail
 Search with Focus on your Property and
 Awareness of Surrounding Parcels their needs
 Compare GIS Tax Map with Old Tax Maps
 Compare recorded Plats with Tax Maps
Commercial Title Research
Title Search FOCUS:
Don’t have ~ ~Tunnel Vision~ ~ in your Title Search
 M & B Description to be Valid must Close
 Read the M & B Legal in all Deeds looking for Errors
 Compare M & B calls in Deeds with all Plats
 Draw the M & B to ensure it Closes and is Valid
 Utilize Computer Mapping Programs to draw M & B
 Free Online, Tablet, Phone Apps available
Commercial Title Research
The BIG PICTURE
Commercial
Title Research
A
Different
Perspective
Commercial Title Research
The BIG PICTURE Approach
CHARACTERISTICS:
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Lack of overall Development Plat
Metes & Bounds Legal Descriptions
Lack of recorded Plat(s) in Chain of Title
Different types of Commercial documents
Shared Access & Reciprocal Easements
Check for Access to State Road
Commercial Title Research
The BIG PICTURE Approach
CHARACTERISTICS:
 Deeds with Multiple Parcels verify Tax Map #’s
 Review of all the surrounding parcels
 Determine Private or Public Streets
 Determine parcels utilizing Shared Access
 Reciprocal Easement Agreements
 Multi-Parcel Maintenance Agreements
 Declaration Covenants & Restrictive Covenants
Commercial Title Research
THE BIG PICTURE ~ ~ ~ ~ Annexed Property
Commercial Title Research
The BIG PICTURE Approach
SEARCH FOR ALL PROPERTY OWNED:
 Resource Commissioner of the Revenue
 Read M & B Legal in all Deeds looking for errors
 Compare Plats with calls in M & B Descriptions
 Determine and Verify all Plat Lines
 Draw M & B to ensure it Closes / Validity
 Compare with GIS Tax Map & Old Tax Maps
 Read all Deeds for Exceptions & Restrictions
Commercial Title Research
Review of the Surrounding Properties
Commercial Title Research
Review the Surrounding Properties
Shared Access:
o Determine type of shared access
o Review recorded agreements for information
o Reciprocal Easement Agreements
o Do you search the Fee Ownership to the Access R/W?
o Consult with the Client for a determination
Commercial Title Research
COMMERCIAL
vs.
RESIDENTIAL
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IS THERE A DIFFERENCE ?
Commercial Title Research
COMMERCIAL vs. RESIDENTIAL
The ‘Not So Funny’ Client story…
 Attorney called to order Acreage search
 It was a Commercial Acreage search
 How much will it cost ? … How long will it take ?
 There is no difference is there ?
 He was being serious!
 Describing the differences
Commercial Title Research
What’s the BIG DEAL ?
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High $$ Value = High Liability for all involved
TE Expertise & Experience Required (VCTE)
Knowledge & Familiarity required Commercial
Need Commercial Title Search ‘Super Rush’
Importance of Time & Not Rushing the Search
Leasehold % & unrecorded Lease Agreements
Do you search the Leasehold % ? = Consult Client
Severed Improvements & Severed Ownership
Commercial Title Research
DIFFICULTIES:
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Lack of overall development plan
Plats recorded piecemeal or not at all
No plats only Metes & Bounds ~ is it valid?
Lack of recorded Plats in the Chain Of Title
Complicated searches – multiple tracts/multiple chains
Revised Tract Lines & Boundary Line Adjustments
Revised Tax Map Lines & Tracking TM#’s 20 Years
Locating your Parcel within Parent/GParent tract(s)
Multiple Jurisdiction Commercial Properties
Commercial Title Research
ZONING & PROFFER AGREEMENTS:
 Proffer Agreements filed in Zoning & Planning Office
 Notice of Conditional Zoning & Proffer Agreements (NCZPA)
 NCZPA can create Lien(s) on property
 Recorded NCZPA property ~ should be released
 NCZPA can create Restrictions on property
 Create Restrictions incorporated by reference
 Create Easement Agreements incorporated by reference
Commercial Title Research
UTILIZING ALL RESOURCES:
 Commissioner of the Revenue Office
 Online VA Mass Appraisal Network vamanet.com/
 GIS Mapping & Tax Maps by jurisdiction
 Historic Tax Maps Comm.Rev. or Planning
 Online M & B Mapping Programs
 Online Distance Conversion Programs
 Online Acreage Calculation Programs
G O O G L E
Commercial Title Research
MIXED USE ~ Residential + Commercial
EXAMPLE:
 Recorded Subdivision Plats Section 1 & 2
 Private Streets R/W thru Common Areas
 Unreleased Master Trust on Private R/W’s
 Commercial Development remaining acreage
 Multiple Tax Parcels added to remaining acreage
 Revised Tract Lines & Tax Map Lines
 Commercial & Residential Shared Private Access
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
REVIEW:
 Metes & Bounds is a system or method of describing property
 Applied in the original Thirteen Colonies ~ currently used USA
 System is based on English Common Law
 System uses physical features: Monuments, directions lines
and distances, to define and describe the boundaries of a
parcel of land
Commercial Title Research
Commercial Title Research
States Using Metes & Bounds
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
REVIEW: LEGAL DESCRIPTION
 Measurement & Boundary: define the
boundary of a parcel of land
 Metes: the measure of length along the line
measured in inches/feet
 Bounds: the boundary and direction of line
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
REVIEW:
 Point of Beginning (POB): is the starting point
 Usually the POB is a well defined Monument
 Monuments Types:
 Man Made = State Roads, Rods or Pins
 Natural = Trees or Boulders
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
REVIEW:
• Compass = 4 Directions
• North, South, East, West
• Circumference Circle = 360º
• Draw line North to South
• Creates 2 Quadrants = 180º
• Draw line West to East
• Creates 4 Quadrants = 90º
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
REVIEW: DRAWING M & B DESCRIPTION
 4 Quadrants: divided into North, South, East, West,
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60 Minutes = 1 Degree
60 Seconds = 1 Minute
North directional Arrow: locate on plat & on your drawing
Scale: determine scale used in description (1 inch = 100 feet)
Bearings: describe the direction of the line
Distance: how far to go along that line
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
REVIEW:
Longitude:
 Runs North & South
 Measures points East & West
Latitude:
 Runs East & West
 Measures points North & South
Commercial Title Research
REVIEW:
Commercial Title Research
ADVANCED METES & BOUNDS DRAWING
Tools For Drawing:
 Land Measure Compass with Arm
 Ruler: inches & metric
 Pencil: mechanical pencil
Commercial Title Research
DIFFICULT M & B DESCRIPTIONS:
 Conversion of Old Descriptions
 Poles & Rods converted to Feet
 Unknown scale of the plat
 1 Mile = 5280 Feet
 M & B along water courses
Commercial Title Research
DIFFICULT M & B DESCRIPTIONS:
Conversion Chart:
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1 Acre = 43,560 Sq. Feet
1 Mile = 5,280 Feet
1 Yard = 3 Feet
1 Square Yard = 9 Sq. Feet
1 Pole / Rod / Perch = 16.5 Feet
1 Chain = 66 Feet
Land Measurement Conversion Resources:
 Online Mapping Free Programs
 Online Acreage Calculation Programs
 GO OGLE
Commercial Title Research
DRAWING M & B DESCRIPTIONS
EXERCISE:
 Review & Compare the Legal Descriptions in Deeds
 Comm. Revenue shows Acreage as being 39 2/3 Acres
 There were No Plats of record in Chain of Title
 What is the Problem?
 What is the Error(s)?
 Which Deed establishes Correct M & B Description?
 What is the Acreage Amount?
 What Exceptions should you state?
Commercial Title Research
& Advanced Drawing
By Julie Ann Rutledge, VCTE
~ J’ai fini ~