Importance of Surveys

Friday, August 7, 2009:

Surveys – Why They are So Important!

Here’s a quick “primer” on the importance of surveys.  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 that 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.