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Why
You Need Your Land Surveyed
For
most people, the purchase of a home, or the purchase of land and
the construction of a home, represents the largest single investment
of a lifetime. A wise investor will therefore take advantage of
every opportunity to protect that investment.
Many services are available which can assure a person of the soundness
of a real estate investment. The services of an attorney will among
other things, assure an understanding of the documents necessary
to the transaction and the obligations incurred by signing those
documents. A title search with title insurance will insure that
the seller owns the property which he has contracted to sell. The
search may find a lien, or an unpaid mortgage, or it may uncover
a restriction on the use of the land.
There are many questions you should ask before you purchase land.
Among the most important are:
1: Exactly where, on the ground, is the property which I have contracted
to purchase?
2: Are the physical improvements (house, garage, fences, etc.),
which I was shown, actually on the property?
The answers to these questions can be reassuring or distressing,
but if they are discovered after closing the sale, the result may
be a financial disaster.
WHY ARE THESE QUESTIONS IMPORTANT?
They are important because the property described in a contract
often is not exactly as it was shown or as it appeared to the purchaser.
Sometimes property which has been improved and maintained by a seller
actually belongs to a neighbor. The property lines may go through
a garden, or a garage, or even a house! Occasionally, a contract
describes completely different land than that shown to the purchaser!
WHO CAN ANSWER THESE QUESTIONS?
A person legally licensed and registered to practice land surveying
may provide the service to answer these vital questions. A licensed
land surveyor is an expert at interpreting descriptions of property
and is uniquely qualified to accurately and precisely locate property
lines.
WHAT WILL A SURVEYOR DO TO ANSWER THESE QUESTIONS?
The surveyor will study the documents which you supply including
those in your title search. Then a field survey will be conducted,
searching for and obtaining evidence of the property’s boundaries,
and locating any visible improvements on or near the property. When
the field survey is complete, the measurements are mathematically
proven, and the evidence that was found. Then the location of the
property lines and other described lines are determined by the surveyor,
and a report is prepared, usually in the form of a survey map. (see
sample)
WHAT
WILL THE SURVEY MAP SHOW ME?
The survey map will show you the location of the lines of the
property as described in the contract of purchase. It will show
you the dimensions of the land and the location of other lines,
described in you documents, which affect the property, such as easements
and rights-of-way. It will note variations from the described angles,
lengths, and areas which the surveyor may find. The map will also
depict the location of visible improvements on or near the property,
and the relation of those improvements to the property’s boundary.
It may report that the garden you admired actually belongs to a
neighbor, or that a part of the land is being used by others. It
may show you that the easement, reserved for others, in the contract
is just the place where you thought your pool might go someday!
Possibly, there will be physical evidence of an easement which is
not recorded.
With the survey map. Your attorney can be determined if the property
conforms with certain aspects of the local zoning laws. It frequently
assists him in evaluating the effect of covenants and restrictions
on the property.
Check
out the Sample Survey.
WHAT
IF THE SELLER HAS A SURVEY?
First,
be sure that it is a survey prepared by a licensed land surveyor.
Not all maps are based on actual surveys. A map that is not
a survey is not reliable.
If the seller provides a survey, it may not be adequate for your
needs. Since the date of the survey, there may have been changes
in the property lines, or perhaps improvements were made which affect
the use and value of the land. As property values increase, the
requirements of a survey change and become more rigid. Only the
surveyor who prepared the seller’s survey can state that his survey
can state that his survey will meet your present needs. You should
consult with him to learn if the survey is adequate. You should
be sure that the surveyor is willing to certify his survey to you
personally, because certifications are not transferable to additional
institutions or subsequent owners.
Said certifications shall run only to the person for whom the survey
is prepared.
WHAT WILL A SURVEY COST?
The costs of surveys differ because of varying sizes and locations
of properties. Such things as the complexity of the descriptions,
terrain, and the shape of the property are factors which must be
considered. As a result, only a surveyor can accurately estimate
the cost of a survey.
The cost of a survey can range from a few hundred to several thousand
dollars. However, most surveyors are willing to discuss their fees
and offer an estimate before you authorize a survey. You should
keeping mind that the cost of a survey represents a very small percentage
of your total investment, but it can help you avoid costly and aggravating
problems in the future.
WHO ARE QUALIFIED LAND SURVEYORS?
Surveyors who are members of the New York State Association
of Professional Land Surveyors, Inc. are all licensed to practice
in New York State. These registered professional subscribe to the
“Code of Practice for Land Surveys”. This code is designed to help
maintain a high standard of care and precision in preparing land
surveys. It is recommended that you inquire whether or not the surveyor
will certify his survey to you and your lending company in accordance
with this code. Also as an expert witness, his testimony is accepted
by the court as evidence to which the greatest weight can be attached.
No one other than he can assume responsibility for the correctness
and accuracy of his work.
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