| THIS
MONTH'S TOPIC:
Surveys - Why
They are So Important!
Let?s say you?ve found the perfect property, a parcel
represented by the seller to consist of 207 acres. You?ve looked
at the legal description on the seller?s deed. It appears to be
accurate and clearly states, ?containing 207 acres, more or less.?
The price looks good, you like the land, and buy
it. Later, after your purchase, you decide to have it surveyed.
To your dismay, the surveyor informs you that you own only 141 acres.
How could this situation have been avoided? Easily
--you should have had the property surveyed BEFORE you bought it.
Properties that have not been sold for many years may contain legal
descriptions that were often created using inaccurate survey methods,
or no methods at all. Owners from the distant past often created
their own description of their property by merely referring to physical
landmarks available at the time.
For example: ?Beginning where the creek crosses the
road, continuing with the creek to a triple poplar stump, then up
the ridge to a pile of rocks, thence with the ridge back to the
edge of the road, and with the road back to the point of beginning,
containing 207 acres-- more or less.? Seventy-five years later,
you come along and buy the property.
Where do you suppose the poplar stump is by now?
Or the pile of rocks that was there long ago? Get the picture? You
have no way of knowing for sure how many acres you are purchasing
without a current survey.
The Best Advice
When making a land purchase, you should use specific language. First,
in the purchase contract specify an exact dollar sale price, i.e.
$350,000.00 or $595,000.00 -- not a price per acre. Then, in the
paragraph reserved for other terms and conditions, add this clause:
?Buyer is to have property surveyed. If survey shows less than 207
acres, seller agrees to adjust the price at the rate of $x,xxx per
acre for each and every acre less than 207 acres.?
This will serve as protection in case the old legal description
is faulty. It also establishes how the adjustment in price will
be made. If the seller refuses to accept an offer with that or similar
language, don?t buy it without a survey.
How A Survey Works
Surveyors are licensed by the State. Their work consists of research
to determine not only the owner of the property being surveyed,
but also adjoining landowners. A physical survey of the land is
conducted on-site, and corners and boundary lines are identified
and marked. Computations are made, adjoining boundary lines are
reconciled and a final survey map or plat is provided showing the
property boundaries. A written legal description is also produced
which becomes the description used in the deed.
Boundary Line Overlaps & Other Potential Concerns
Keep in mind that surveying mountainous territory is physically
challenging. Old survey methods, poor legal descriptions, and little
or no regulation of surveyors back in the old days also contributed
to faulty legal descriptions on many old deeds.
As a result, boundary overlaps, ?no man?s land? gaps
between properties, and other situations requiring resolution of
boundary lines may occur in the absence of a new survey. If the
surveyor discovers any questionable property lines, he will recommend
obtaining a ?boundary line agreement?, a document which is an agreement
between landowners as to the exact location of the property line.
This document is recorded at the courthouse in order to place the
agreement on record, thereby preventing future disputes over the
location of a property line.
Although the surveyor may mark the boundaries with
flagging tape, it is a wise land buyer who requests that all boundary
lines be ?painted? for long-term recognition. This can take extra
time and adds expense, but experience has shown that painted lines
last for many years, while flagging tape may disappear or deteriorate
in a year or two.
Having a new survey also allows title insurance to
insure the accuracy of property lines, as well as insuring the actual
title to the property.
Survey Costs
Surveyors charge for their work based on a number of factors including
topography, length of boundary lines, ground cover (i.e. wooded,
open, dense ground cover, etc.), complexity of the title, boundary
overlaps, etc. Some charge by the hour, others by the number of
feet of boundary line, and others by quotation. We can supply a
list of local surveyors, all of whom would be willing to discuss
with you the possible charge for your survey.
Paul Christian
Broker!
The purpose of Land Rush is to educate and inform
you in such a way that, once you arrive here in the mountains, you’ll
be prepared to make your purchase. If you haven’t already,
please – before you come - take time to download our buyer’s
guide – “Carolina Dreaming” - from our website.
It’s short, easy to read, and will provide you with the basic
information needed to make your trip a roaring success. For your
free copy, go to:
www.ncmountainland.net/manualdesc.html
Ready to come to the mountains? Call us at all reasonable
hours, seven days a week, at 800/849-9225. Ask for David or Paul
and we’ll set up a time and place convenient for you. We’ll
take whatever time is required to help make your land ownership
dreams come true!
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