Lucas & Company, LLC

Title Insurance & Surveys I



Title Insurance & Surveys I – 1.5 Contact Hours
The subject of this edition is the relationship between Title Insurance and Surveys, and the case we are studying is perhaps the seminal case on the subject, the 1989 New Jersey Supreme Court opinion in Walker Rogge v. Chelsea Title. Rogge, a savvy real estate broker, bought a tract of land that he thought was 18 acres, based a survey he had made of the property. Six years after closing on the property Rogge hired another surveyor to survey the property again, along with other property he intended to purchase to develop a subdivision. The second surveyor discovered a mistake the earlier surveyor had made which reduced the 18-acre tract to about 12.5 acres. After discovering the reduced acreage, Rogge sued Chelsea title for defective title and the first surveyor for negligence. Is the title defective, is the surveyor negligent? These and other questions about the relationship between title insurance and surveys will be explored in this deep-dive opinion. This is a 2-Page Letter covering 1 Court Opinion consisting of 18 pages. This 20-Page document has a 10-Question examination based on the text of the newsletter and the case-in-chief.

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.