Many lenders and title companies require a land survey prior to finalizing mortgage or property details. A professional survey also provides useful information for homeowners who are considering constructing a building or fence on their property.
It helps them understand their legal boundaries and identify encroachments with neighbors. This can prevent conflicting access rights, which can lead to costly legal complications in the future.
Legal Description
A surveyor’s legal description is an official document that provides a detailed definition of your property lines. It is a crucial part of your land survey, because it helps identify what you own and where your property starts and ends. It also allows for the correct identification of directional markers that help with the location of your plot. The legal description is based on a combination of historical records, fieldwork data and existing markers to determine the exact boundaries of your land. It is a legally binding document that allows any party to accurately locate your property.
Your surveyor can choose between a variety of legal descriptions, depending on what information is available and what type of survey you need. The most common is the lot-and-block (recorded plat) system, used for land in subdivisions. This system identifies your parcel by lot number, block and subdivision name, plus the recording information for the original subdivision plat. For more complicated areas, your surveyor may use a metes and bounds description, which describes your plot by reference to points on the ground.
Another important way that a legal survey can be helpful is by resolving disputes over property lines between neighbors. It’s also important when transferring ownership of your property, because lenders require a legal survey before they will issue a mortgage. A legal survey can also be used to determine the best place to install utilities, septic systems and fences.
Real estate investors often need a survey to locate a property for investment purposes. While you can find property lines in tax records and deeds, those descriptions are shortened or inaccurate compared to a professional survey. A surveyor will create a detailed description that is both easy to read and clearly outlines the property boundaries. This will provide clarity for both you and your potential buyers.
A survey can also reveal topographical details that are important for investors, such as flood-prone areas, slopes and geographical features. These are things you don’t want to miss out on because they could cost you big money in the long run. In addition, having a land survey is required for homebuyers who are applying for title insurance. This protects you from issues with forged, unclear or insufficient recorded documents that could lead to problems down the road.
Tax Assessment Records
Land surveys have long played a vital role in property ownership. They help resolve disputes and prevent accidents by clearly defining where property lines are located. But a land survey is only as good as the data it’s based on. That’s why it’s important for land surveying firms to keep accurate and updated records in order to maintain their professional licenses. In addition, surveying firms must also work to stay up to date on tax-related requirements. These include maintaining certificates of authority (COA), individual surveyor’s licensing, corporate income tax, and withholding tax registrations in each state in which they operate.
Depending on the type of survey, different types of data must be collected and maintained for the final report. For instance, a boundary survey will include physical markers to define the boundaries of the specific property as well as record deeds, title reports, and original tract maps. A location survey will be similar but will include more detailed information on interior improvements like roads and buildings.
Other documents that must be researched and documented include easements and right-of-way agreements, as well as environmental records and reports. These can significantly impact the survey results. It’s important for the surveyor to thoroughly research all information and documentation available before starting a project.
Surveyors like South West Surveys use a variety of tools to collect the necessary data for each project, including GPS and theodolite systems that measure both horizontal and vertical angles between points. These tools can be used to locate monuments and identify existing features on a property, such as fences and trees. They can also be used to establish the start and end points of a property line, which is known as the point of beginning (POB). A metes and bounds legal description will then explain the boundaries of the property in feet and inches from the POB.
Whether the final land survey is for a residential or commercial site, it will need to be filed with the county. This can be done through the recording office or a local surveyor’s association. The recorded map will show the surveyor’s conclusion and any monuments that were set on the property. This can be especially helpful for homeowners who need to adhere to loan applications and zoning permits.
Monuments
In land surveying, monuments are physical markers that a surveyor sets or resets to identify locations. Historically, these have ranged from wooden posts to stones and wagon axles. Today, there are numerous options available, including engraved concrete monuments, bronze and aluminum discs mounted on rebar driven to bedrock or encased in concrete and capped with durable plastic caps. Some even feature GNSS receivers constantly broadcasting positioning information and are accessible to surveyors and others 24/7, like one at raSmith’s Brookfield headquarters.
Monuments are key to a successful survey and provide the backbone of property boundaries in the United States. Because of their importance, there are certain costs associated with a survey that must be taken into consideration when considering whether to set or reestablish monuments. These additional costs can include field monument search and recovery and the cost of preparing and filing additional survey documents with public agencies when it becomes apparent that a previously-set monument has been destroyed.
Aside from these direct costs, there is the intangible cost of time lost in retracement work when a monument cannot be found or is not located with sufficient accuracy. Furthermore, there is the potential risk of litigation between property owners based on the inability to locate property corner monuments.
In a lawsuit, the court will have to determine if a particular legal description of the property accurately defines the location of the property boundary monuments. If it does not, the court may have to redraw the legal description or set new monuments to reflect the true location of the property boundary line.
It is illegal to destroy or tamper with survey monuments that are not easily identifiable as such in the field. This is a misdemeanor offense and can carry hefty fines. While it is tempting for a modern surveyor to shorten the time required for finding old corners by substituting an accurate but mathematically-perfect retracement, it is important to remember that monuments are essential to the practice of land surveying and must always be taken into consideration when determining the accuracy of a legal description.
Land Use
Most countries’ governments regulate surveying, at least for certain types of surveys. These agencies establish standards that control accuracy, surveyor credentials and monumentation of boundaries. They may also control geodetic networks. Cadastral surveys are generally the most regulated of all types of land surveys. These surveys are conducted by professional surveyors and establish permanent lot boundaries. They often use capped iron rods or concrete monuments to mark boundary corners.
Identifying the purpose of a land survey helps the surveyor determine how much detail to include in the final report. For example, if someone is planning to build a structure on their property, the survey should show all relevant information like topographical features, slopes and other details that could impact construction or damage the building.
Resolving property disputes: Land surveys can help settle disagreements about encroachments or easements. These surveys can also be used to show proof that a person has legal rights to a property and can use it as they wish.
Obtaining a mortgage: Many lenders require property owners to conduct a land survey before they will lend money for a commercial or residential property purchase. This is because it provides a clear, official definition of property lines that can end any disputes or questions that might arise later.
Building and home improvement: A survey is required before permits can be issued for construction projects. It also provides valuable information about the site and can help prevent costly missteps.
Revealing land’s zoning classification: While most people only think about whether a piece of property is suitable for their intended use, this is just the tip of the iceberg. A land survey can reveal a property’s zoning classification and let the owner know what restrictions are in place.
Regardless of the reason for needing a land survey, it is always best to consult with an experienced professional who has a solid understanding of New York land law and how it pertains to a particular property. Using this knowledge will ensure that the survey is completed accurately and in accordance with state and local laws.
