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So, you think you know everything there is to know about the
legal description of your property. If you had to, you could
dig up that old plat and calculate precisely where your property
begins and ends. And you know exactly who has a right to come
onto your property and why.
If that's true, you're one step ahead of most property owners.
Most people seek out the expertise of a professional surveyor
to settle common property description issues before they become
problems. And in addition to a professional survey, many people
seek other specific certifications such as an environmental
certification, a zoning opinion letter, or a flood plain classification
from the U.S. Department of Housing and Urban Development.
Following are some common reasons property owners hire a surveyor.
HOUSE INSPECTIONS REASON #1.
BOUNDARY LINES.
One of the most common reasons a landowner seeks the assistance
of a surveyor, the location of boundary lines and other lines
of occupancy or possession is a critical piece of information
to have before you build a fence, add a sunroom or pave your
driveway. All too often the survey shows that you and your
neighbors were operating under the wrong assumption about
the placement of the boundary line between your properties.
Before you have that fence erected, you want to make sure
it will be built on your property, not your neighbor's. The
boundary line certification will also tell you whether the
legal description of your property is accurate.
HOUSE INSPECTIONS REASON #2.
GORES, OVERLAPS, AND GAPS.
Part of the boundary line certification, most surveys include
a statement that unless the surveys says otherwise, there
are no discrepancies between the boundary lines of your property
and the adjoining property. This is especially pertinent if
your property is continuous with alleys, roads, highways,
or streets.
HOUSE INSPECTIONS REASON #3.
RIGHTS-OF-WAY, EASEMENTS, AND ABANDONED ROADS.
A survey will show all the conditions imposed by law that
are reflected in your property's title report and other agreements.
If your property blocks your neighbor's access to the road,
for example, there may be an old agreement that gives your
neighbor the right to walk across your yard to the street.
HOUSE INSPECTIONS REASON #4.
PONDS, RIVERS, CREEKS, STREAMS, WELLS, AND LAKES.
The typical survey reports visible or surface waters only.
Underground waters and wetlands are topics that are better
covered by other professional inspections.
HOUSE INSPECTIONS REASON #5.
JOINT DRIVEWAYS, PARTY WALLS, RIGHTS-OF-SUPPORT, ENCROACHMENTS,
OVERHANGS, OR PROJECTIONS.
Unbeknownst to you or your next-door neighbor, you may have
an obligation by law to support your neighbor's driveway by
maintaining your own.
HOUSE INSPECTIONS REASON #6.
EXISTING IMPROVEMENTS.
The surveyor will usually certify that the buildings and
other improvements, alterations, and repairs to your property
that exist at the time of the survey are not in violation
of laws or other restrictions such as those regarding height,
bulk, dimension, frontage, building lines, set-backs, and
parking. Of course, the surveyor will also tell you if your
latest improvement is in violation of a local ordinance or
other law, which will put you on notice that a change is in
order.
HOUSE INSPECTIONS REASON #7.
WATER, ELECTRIC, GAS, TELEPHONE AND TELEGRAPH PIPES, DRAINS,
WIRES, CABLES, VAULTS, MANHOLE COVERS, CATCHBASINS, LINES,
AND POLES.
Poles and above-ground wires are obvious, but the surveyor
can usually report on the existence of underground cables
and drains, as well, if the information is provided to him
or her by your utility companies and municipality. Such information
is important for two reasons. A utility company may have the
right to use a portion of your property for upkeep of utility
lines, and may have a say in how tall you let your trees grow,
for instance. Also, knowing the exact location of underground
utilities is critical before any excavation or construction
begins.
HOUSE INSPECTIONS REASON #8.
CEMETERIES.
It is unlikely that unbeknownst to you there is an old family
burial ground in your back yard. The survey will show the
exact location of any old cemeteries on your plat.
HOUSE INSPECTIONS REASON #9.
ACCESS, INGRESS AND EGRESS.
Your survey should state, at a minimum, whether there is
physical vehicular ingress and egress to an open public street.
It may also specify the adequacy of access for a particular
purpose, such as delivery trucks, emergency vehicles such
as fire trucks, and driveways for tenants.
HOUSE INSPECTIONS REASON #10.
ZONING CLASSIFICATION.
You probably know whether your property is zoned for residential
or light industrial use. But you may be surprised to discover
that your zoning classification puts specific restrictions
on how you use your property. This part of the survey simply
reports your zoning jurisdiction and classification. Once
you have your completed and certified survey, you may want
to consult an attorney about whether you are using your property
in conformance with zoning ordinances or for other advice
about the legal ramifications of your property survey.
More on zoning and permits
>
More on house inspections
>
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