Land Survey

What is a Land Survey?
A survey provided by a licensed land surveyor is a detailed inspection and investigation of property and its boundaries. A survey will answer many questions about a property. Among the most important are:

• Where, on the ground, is the property which I have contracted to purchase?
• Are the physical improvements (house, garage, fences, driveways), which I was shown actually on the property?
• Is there evidence of encroachments, easements, rights-of-ways or use of the property by others?

The land surveyor will perform research through a variety of sources, which may include the County Clerk’s offices and other municipal agencies, to gather information affecting the boundaries of the property. In addition, the surveyor will study the documents which you supply including those in your preliminary title report. A field survey will then 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. The location of the property lines and other described lines are determined and a report, usually in the form of a certified map, is prepared. Additionally, the property may then be staked if you have requested it.

Your attorney, mortgage lender, and title company will all receive copies of the survey, and the title company will prepare their final report based on the findings.

How does a Survey Protect Me?
A survey protects you by binging to light potential legal problems that should be addressed before you make your purchase. Visual inspection of a property by you, your real estate agent, or even a title company representative is not enough to determine its legal bounds.
Furthermore, a survey provided by the seller may be old and therefore not represent changes to the property or its boundaries. For example, sometimes a property which has been maintained and improved by a seller actually belongs to a neighbor. Property lines may go through a garden, a garage, or even a house! The actual area of a parcel and the area recorded may vary greatly. These things can all have a bearing on the purchase price. In rare instances, a survey will describe completely different land than that shown to the purchaser. A survey will protect you from surprises which may not be described in the contract. If a problem is revealed prior to the close, it is the purchaser’s. Uncovering any discrepancies before the purchase may be distressing, but there is still time to consider and address these concerns. If they are discovered after closing the sale, the result may be financial disaster.

Why a professional Land Surveyor?
According to New York state law, only surveys mad by licensed and registered New York Land Surveyors are legal. Only registered Land Surveyors have completed the academic requirements and practical training before licensing. Only registered Land Surveyors are required to maintain the necessary theoretical, practical and ethical standards set by legislation.
In cases of dispute, your surveyor is an expert witness in court and assumes full professional responsibility for the accuracy of your survey. The cost of the survey as a percentage of you total investment is small and a reasonable price to pay for peace of mind.

When do I need a Land Survey?
If you are buying property you need to know what you’re getting. Only a map of the survey made by a licensed land surveyor can define what you’ve purchased. Your surveyor will undertake the necessary research, survey the property and prepare a survey map that will reveal:

• Whether other people are entitled to partial use of your property through easements for utilities or rights-of-way
• Whether fences, trees, buildings, gardens, embankments, driveways, walkways, swimming pools, house additions and other property improvements actually lay on your property
• Whether your deed describes your property accuracy

Your survey this gives you’re a form of protection in addition to clarifying what you’ve bought, since it will reveal any encroachments or other irregularities that might be the cause of later legal disputes. In addition, your surveyor can mark the exact corners of your site with survey monuments.

If you are refinancing or obtaining a mortgage the mortgage company, whether it be a bank, trust company or others, usually requires a survey before they will lend money. The mortgage company will require the survey to protect their investment. They want to be sure that the land and buildings on which they are lending money are as described in the documents which accompany the transaction. They also wish to know that if the have to foreclose there will be no problems in re-selling the property.

If you are selling property you may have to provide your buyer with an up-to-date survey of your property in order to:

• Give your buyer confidence in the purchase
• Allow your buyer to register the transaction at the county clerk’s office
• Enable your buyer to make mortgage arrangements
• Verify to your buyer the size and extent of the property
• Avoid later legal disputes arising from inadequate or inaccurate property descriptions

If you are building fencing or adding on you need to protect your investment by making sure you are building on your own property. A dislocated fence, driveway or carport can cause legal problems and extra construction costs. Before you build, let a licensed land surveyor determine your property boundaries, replacing missing stakes if necessary. Allowing a surveyor to make the location of your building on site before construction begins will also ensure that your meet setback requirements and other restrictions enforced by the municipality in their zoning laws. Failure to comply with zoning By-Laws could result in the loss of a future sale if the purchasers have an up-to-date survey done. Mortgage lenders generally do not advance money until zoning law infringements are cleared up.

If you are subdividing a licensed professional surveyor will:

• Check and ensure extent of tile, and note planning restrictions, easements and other legalities
• Survey the site
• Engage other consultants to carry out preliminary studies, Engineering, Planning & Environmental issues to submit with draft plan
• Draft a proposes subdivision plan
• Prepare final plans

Typically your house and land represent your largest assets. If you are contemplating purchasing property, you should know as much as possible about the piece of land in which you are going to invest. Obtaining a survey may be the most important thing you do before you close the deal on any purchase. Without a survey, you don not know the extent of your property, as only a licensed surveyor can provide you with this information.