So, you think you know everything there is to know about the legal description of your property. If you had to, you could dig up that old plat and calculate precisely where your property begins and ends. And you know exactly who has a right to come onto your property and why.
If that's true, you're one step ahead of most property owners. Most people seek out the expertise of a professional surveyor (sometimes called a professional land surveyor) to settle common property description issues before they become problems.
In addition to a professional boundary survey, many owners or homebuyers seek other specific certifications such as:
Here are ten common reasons property owners hire someone for land surveying.
One of the most common reasons a landowner seeks the assistance of a licensed surveyor is the location of boundary lines and other lines. These legal boundaries of occupancy or possession are critical pieces of information to have before you build a fence, add a sun-room, or pave your driveway.Â
All too often, the survey shows that you and your neighbors were operating under the wrong assumption. You both might have the placement of the boundary line between your properties wrong. Before you have that fence erected, you want to make sure it will be built on your property, not your neighbor's property.
The boundary line certification will also tell you whether the legal description of your property is accurate.
These issues are part of the boundary line certification. Most surveys include a statement that (unless the surveys say otherwise) there are no discrepancies between the property boundaries of your property and the adjoining property.Â
This is especially pertinent if your property is next to alleys, roads, highways, or streets.
A survey will show all the conditions imposed by law that are reflected in your property's title report and other agreements.Â
If your property blocks your neighbor's access to the road, for example, there may be an old agreement (called an "easement") that gives your neighbor the right to walk across your yard to the street. This information should be public record.
The typical survey reports visible or surface waters only. Underground waters and wetlands are topics that are better covered by other professional inspections.
Unbeknownst to you or your next-door neighbor, you may have an obligation by law to support your neighbor's driveway by maintaining your own. This could lead to boundary disputes, so you will want legal documents to back yourself up.
The surveyor will usually certify that the buildings and other improvements, alterations, and repairs to your property that exist at the time of the survey are not in violation of laws or other restrictions.
Common restrictions on residential property can regard:
Of course, the surveyor will also tell you if your latest improvement is in violation of a local ordinance or other law. This will put you on notice that a change is in order.
Poles and above-ground wires are obvious, but the surveyor can usually report on the existence of underground cables and drains as well. This information should be provided to them by your utility companies and municipality.Â
Such information is essential for two reasons:
It is unlikely that, unbeknownst to you, there is an old family burial ground in your back yard. But it has happened. The survey will show the exact location of any old cemeteries on your plot.
Your survey should state, at a minimum, whether there is physical vehicular ingress and egress to an open public street.Â
It may also specify the adequacy of access for a particular purpose, such as delivery trucks, emergency vehicles such as fire trucks, and driveways for tenants.
You probably know whether your property is zoned for residential or light industrial use. But you may be surprised to discover that your zoning classification puts specific restrictions on how you use your property.Â
This part of the survey simply reports your zoning jurisdiction and classification.Â
Once you have your completed and certified survey, you may want to consult an attorney about whether you are using your property in conformance with zoning ordinances. They can also offer other advice about the legal ramifications of your property survey.
Sometimes, a dispute between neighbors is just the result of a misunderstanding. Confusion over where one property ends and the other begins is why having your property surveyed is a good idea. Adjacent properties can be tricky even when things seem clear.
For an affordable fee, you can pay the land survey cost, select the type of survey, and have clarity about your plot of land.
If you have questions about getting your new home surveyed, or you have a dispute with your neighbor that you need help resolving, it's a good idea to speak with an experienced real estate attorney near you today.
An attorney can also help with your real estate transaction, title company, or title insurance issues that may come up. If your land changes your taxes, you and your attorney should talk to a tax assessor.
