A boundary survey determines the property lines of a tract or parcel of land described in a deed or in a subdivision plat. It will also indicate the extent of any easements or encroachments and may show the limitations imposed on the property by state or local regulations.
A survey is strongly recommended before buying, subdividing, improving or building on land. Surveying the parcel before these activities ensures that the expense and frustration of defending a lawsuit, moving a building, or resolving a boundary dispute can be avoided. A survey should be obtained before purchasing real estate. A survey is also needed prior to the construction of any structures on property in which you have an interest.
A mortgage inspection is not a survey. It is merely a surveyor's opinion that the buildings and major improvements appear to be located on the property described in the deed. Many lending institutions require this inspection to check for obvious problems with the parcel such as encroachments, zoning violations and the need for flood insurance, but it does not determine whether the boundaries described in the deed are correct.
A clear title means that the owner has a lawful right to sell the property. It does not locate nor identify the property on the face of the earth and does not guarantee that the acreage is correct. In addition, title insurance policies do not insure the buyer against defects that would have been discovered if a full boundary survey had been performed.
After the surveyor receives the title commitment (including Schedules A, B, C & D)
The surveyor thoroughly examines the historical records relating to the land in question and often all lands surrounding it. In addition to the Registry of Deeds this research may include: the Registry of Probate, county commissioners' offices, town offices, historical associations and the Department of Transportation. The surveyor may also talk with prior owners and adjoining land owners.
The field work begins after the research and involves establishing a control network of known points called a traverse. The points are used to search for and locate existing monuments and other evidence of the boundaries. Although the field portion of a survey is the most visible phase of surveying, it usually represents only a third of the entire project.
The results of the field work are compared with the research and the surveyor then reconciles all the information to arrive at a final conclusion about the boundaries. A second field trip is then needed to set the new monuments. Finally, the surveyor will draft a plan, prepare a legal description and write a report.
The final boundary survey document shows:
· Boundary lines, giving length and bearing on each straight line and/or interior angles; radius, arc length, and delta of curved lines. Where no monument exists, set permanent steel rods or other suitable permanent monuments at property corner; drive rod into the ground adequately to prevent monument and mark with a plastic cap bearing my name and license number; state on the map whether corners were found or set and describe each.
· A legal description which conforms to the record title boundaries. Prior to making this survey, the surveyor shall acquire data including but not limited to: deeds, maps, certificates or abstracts of title, and facts of pertinent local history.
· Area given in acres (0.001 acre)
· Note identity, jurisdiction, and width of adjoining streets and highways (where practical), as well as width and type of road pavement.
· Describe fences, walls and other evidence of occupation with respect to property lines.
· Show location of record lines where they differ from established property lines.
· State the owner of right to adjoining lots. Where possible, identify the size and nature of easements and/or rights of way.
· State whether gores or overlaps in title exists.
· Observable evidence of easements of all kinds, such as those created by roads, rights of way, water courses, utility lines, etc., shall be shown on the map of the survey.
· Physical evidence of all apparently encroaching structural appurtenances and projections shall be shown.
· Ponds, lakes, springs, or rivers bordering on or running through the premises shall be shown.
· Blaze and mark boundary lines of the surveyed property (optional at client’s request)
The cost of a boundary survey depends on many variables, some of which cannot be known until after the work has started. The size, terrain, vegetation, location and season affect the charges and can usually be estimated fairly accurately. However, the surveyor will not know if deeded monuments are missing or if they conflict with the description until well into the survey.
The complexity of the research is also usually not known until the surveyor begins the actual work. Some parcels have passed through many owners over the years. Some may have added adjacent parcels or sold off portions of the original lot. The more outparcels and consolidations there have been the more complex and costly the research becomes. Many deeds are "abutter deeds" which use the neighbors' names to define boundaries. In some cases it may be necessary to research parcels far removed from the land being surveyed to assemble the jigsaw puzzle of old deeds and it is not unusual for the research to account for 50% or more of the total survey cost.
Basically, the cost of a survey is directly related to the number of hours that it will take to complete the work. That all of the work, even the part you don’t see, the office work, the research work the meetings, etc. that most people never see. The more complex the survey is, the more costly it becomes. The surveyor is taking lots of risks when he signs his name to the survey he prepares for you.
Shopping for the lowest priced survey does not necessarily assure the best interests of the land owner. It is possible that the lowest priced survey is the least reliable survey. A good survey that meets your need and legal requirements may cost more but will be less expensive in the long run. The competency and experience of several land surveyors should be judged before one is selected to perform the survey.
Some things that a landowner can do to lower the cost of his or her survey: furnish the surveyor with copies of the current deed for the property, furnish the surveyor with copies of the neighboring deeds and/or plats, and clear the brush off of the property lines. Paying someone $10 an hour to clear the brush or doing it yourself is cheaper than paying professional survey crew fees to do the same.
What information does the surveyor need from me?
· The legal description of the property (metes and bounds description; lot, block and subdivision name; or deed recording information)
· The exact purpose of the survey, so the surveyor can determine what type of survey you need
· A copy of title commitment or report
· A copy of plats or plans showing boundaries
· All available information regarding disputes over corners or boundaries
· All information you may have about the location of your lines or corners
This also depends on what the client and the surveyor have agreed to. Monuments may include iron pins or other substantial monuments and may be referenced with wooden posts, marked trees, t-posts or other items. Additionally, you may want to have the surveyor blaze and/or paint trees along the boundary line.
Unless the client specifically excludes a plat from the scope of services, State rules require that one be prepared. The plat provides the client with a permanent record of the survey. If any of the monuments are lost or destroyed, they can be replaced with the information shown on the plat. All plats must be signed and sealed by the surveyor indicating that the survey conforms to State standards and that the surveyor has checked the work and stands ready to defend it.
"Lump Sum" pricing:
Advantages for each party to a contracted service should be important for a bargain to work properly to satisfy each parties motivation. The advantage for the client is simple. The price and the specific scope of service is precisely known at the time the contract is initiated. The advantage to the surveyor is simple, payment upon completion. The financial risk for the surveyor revolves around the ability to properly judge the amount of effort required to fulfill the scope of service. It is important to note that the Registered Professional Land Surveyor in Texas is bound by State Statutes as to professional competency, accuracy and ethical practice to protect the public and the layman client. Since the client knows precisely the cost of the survey at the outset, it is expected and required to be paid in full in exchange for deliverables of the professional service.
"Estimated Fee" services:
Not all surveying services can be priced by the "Lump Sum" method. Projects with an undefined or ill defined scope of service do not lend themselves to that pricing structure. In this case a "best guess" price is estimated with the understanding that it is subject to change.
Good communication between the surveyor and the client can resolve these issues most times and the advantages to each are flexibility and easier terms for payment.