Land Surveying and the Land Owner

Published On: October 17, 2009

SURVEYS  IN PENNSYLVANIA:  Most Buyers relocating to Pennsylvania are surprised to learn that surveys are not commonly performed in residential real estate transactions.  In neighboring states, surveys are often required by law.  In Pennsylvania, no such law exists.  What risks does the consumer face when purchasing a property without a survey?  Such risks can be numerous and I have listed just a few:

·         The lot description may not close  (the line around the perimeter of the lot does not begin and end at the same place)

·         The lot is smaller than represented.

·         The lot was created by an illegal subdivision.

·         The lot encroaches on an adjoining property

·         The adjoining property encroaches on the lot.

·         There are easements giving others the right to use part or all of the lot.

·         There are easements that go with the lot that are not perfected.

·         There are driveways, paths or other non-recorded rights of way on the lot.

·         The lot abuts open ground and ownership of said ground is unclear.

A Seller may have unknowingly encroached on his/her neighbor’s land with a shed, a tree, a carport, etc. and you may assume that your ground encompasses a larger area that your actual legal description defines.

A few years ago, I sold a home in a subdivision in Montgomery County.  The owners were original owners and had lived there for over thirty-five years.  This ½ acre lot was an irregularly-shaped one and the owners had installed a fence across the back of their property, but nothing down either side.  Enter the new owners!  Wishing to install a shed to the left side of their garage, they went to the township to obtain a permit.  Surprise!  Surprise!  The legal description which was recorded at the township by the Builder, some thirty five years ago, showed that they did not own enough land on the left side of their property to install this shed.  It took over two years for these new owners to effect a “new subdivision” of their property and the adjoining property to the left.  The visual lines that everyone had been abiding by for over thirty-five years were, indeed, the correct lines but when the builder changed the property lines he neglected to record the new legal description with the township.  Fortunately, everyone ended up with the exact same amount of land but it took the new owners a few years to accomplish this.

The odds of a problem are greater when the lot contains improvements such as additions, swimming pools, tennis courts, sheds, outbuildings, and detached garage.  Even though you may have the right to pursue the seller if you suffer a loss as the result of some of these problems, you may incur thousands of dollars in legal fees and litigation costs.  Even if you obtain a judgment against the seller, there is no guarantee that you will be able to collect on that judgment!

Many people assume that their title insurance policy will protect them from risks of this type.  IT DOES NOT.  To avoid liability for such problems, virtually every title policy issued in Pennsylvania includes an exception commonly referred to as the SURVEY EXCEPTION.  That exception states that discrepancies or conflicts in boundary lines, easements, encroachments or area content which a current survey would disclose, are not insured.  Basically, this means that if there are any title defects which a survey show (and those defects later are the cause of a title claim), the buyer will not have title coverage for such issues.  Lenders cover this risk by requiring you to purchase Endorsement 300.  This does not protect YOU, but rather the Lender.

There is an another endorsement, Endorsement 301, which you can purchase for an additional fee, which removes the Survey Exception from the owner’s title policy.  However, a survey must be performed and that will require additional time before settlement can be completed.

HISTORICAL ROLE OF THE LAND SURVEYOR:  Land surveyors have mapped much of the history of humanity’s use of the Earth.  A Babylonian boundary stone inscribed with the king’s decree and the name of the surveyor still endures today after three thousand years!  Today’s  Professional Land Surveyor is called upon to perform his/her unique role knowing that future generations may rely on the quality of his/her work for centuries to come.

TYPES OF SURVEYS:  The most common type of  survey we encounter in the real estate world is the Boundary Survey.

A survey for the expressed purpose of establishing or re-establishing the corners and boundary lines of a given parcel of land may be an original survey or a retracement survey.  An original survey is a subdivision of land into smaller tracts, such as the original surveys for subdividing the lands of William Penn.  Even before any subdivision of a tract land can be done, its corners and boundaries must be established by a retracement survey.  

A Retracement survey is a boundary survey which re-establishes the corners and boundary lines of a parcel of  land that has previously been surveyed, perhaps years and years before.  Often the surveyor must include a historical analysis of property configurations in the general area.  Such research may include searching public records in neighboring townships, all the way up to records in Harrisburg!  The details of the survey are shown on a survey map or on a series of maps.  Copies of maps stamped with the surveyor’s seal and usually accompanied by a written legal description are then prepared for the client’s needs.  The Professional Land Surveyor maintains the original map tracings and other record research, as he/she may be required at a later date to represent his/her finds in a Court of Law.

WHEN IS A SURVEY ADVISABLE?

·         BEFORE title in land is transferred.  A survey assures the location of property boundaries and the accuracy and wording of legal descriptions.

·         BEFORE land is subdivide by deed, will, or by the Court.

·         BEFORE land is developed by the construction of buildings, roads, fences, etc.

·         BEFORE an easement of right-of-way is created across the land.

·         BEFORE a boundary dispute arises or when you believe someone is encroaching upon your land.

METHODS OF LAND SURVEYING

To a large degree, the extent of urbanization and relative worth of the land determine the method of surveying that will be most appropriate.  The equipment used varies with the need and nature of a survey.

Compass And Chain - Surveying with a magnetic compass and surveyor’s chain was the method employed in most of the original subdivisions in the Commonwealth of Pennsylvania.

Transit And Tape - Angles are measured with a transit or theodolite and distances measured with a surveyor’s steel tape giving an accuracy required for modern boundary or land title surveys.

Electronic Measuring - Electronic Distance Measuring equipment using light beams coupled with theodolites, enable the surveyor to measure precise angles and distances with greater ease and accuracy.  This also allows measurements across swamps, valleys and other terrain impractical or impossible to measure using steel tapes.  Electronic angle sensing on theodolites and electronic data recording are other recent additions to modern surveying equipment

Satellite Positioning - Sophisticated electronic equipment using orbiting satellites to determine both horizontal and vertical placement on the face of the earth is a relatively new innovation.  This is usually limited to large control surveys and governmental projects, but its use, in time, will become more prevalent by many Professional Land Surveyors.

COST OF A LAND SURVEY:

The cost of a land survey depends on many things, including the type of survey needed and the method used.  Some variables which affect the cost of a land survey are:

·         Required accuracy and purpose of the survey

·         Complexity of legal records;  the number of deeds that need to be researched are often complicated by vague, incomplete and contradictory legal descriptions.  Deeds for abutting properties must also be researched and unrecorded deeds and agreements must be resolved.

·         Size and shape;  an irregular shape has more corners and a longer boundary than a square containing the same area

·         Terrain and accessibility;  a flat, open field is easier to survey than mountain woodland.  Streams, cliffs and dense vegetation complicate the surveying process.

·         Time of year;  summer foliage restricts sighting distances whereas deep winter snow hinders travel and conceals property corners.

·         Title Insurance requirements;  title insurance companies need considerable documentation and verification of field evidence.

·         Monumentation;  the objects utilized to mark the corners and boundaries.

Because of the many variables, it is best to consult with the Professional Land Surveyor at the job site to determine an estimate or cost for the survey.

I had a replacement survey done on my home two years ago and the cost of this survey was under $1000.00.  I was surprised to learn that one corner of my property was not in the spot that I had always assumed it to be in.  Fortunately, it did not impact my use of my property in any way!

If you have any questions about property lines on your home, the best time to investigate these potential issues is before you list your home for sale!