Property survey
Most country properties having been owned by the same family for several generations, consisting of substantial acreage, have not been surveyed by a licensed land surveyor or engineer. In fact, a great percentage of all country property sold in the last twenty years has not been properly surveyed and, further, accurate maps of these properties don’t exist.
A typical deed to a hundred-acre farm or land parcel will state something like this: “Beginning at a point of a tall elm tree in the northeast corner of the property, then proceeding along a stone wall bounded by lands of Smith to a point marked by a pile of rocks, then westerly along a stream bounded by the lands of Jones to a large red barn owned by Green, etcetera and etcetera, being one hundred acres, more or less.”
The owner now in possession unequivocably reports to you that he has one hundred acres, and no one has ever questioned what he believes are his boundary lines. One of the easiest ways for you to antagonize and infuriate this type of seller is to insinuate that the parcel might be less than one hundred acres; or that you and your attorneys have reason to believe the adjacent owner claims part of either the road frontage or one of the parcels involved to be his land.
Farmer Brown, the seller, is not about to pay for the cost of a survey, and is usually not too receptive to the idea of giving you the month or two of grace that it would take to employ a licensed surveyor to substantiate the acreage involved by the undertaking of a survey and mapping of the land. This problem, as stated above, has now become an everyday occurrence and probably the most significant factor in all country transactions today.
The more sophisticated seller is well aware that the emphasis is more on the acreage and less on the buildings. Many lending institutions, title insurance companies, and attorneys are making it mandatory that a survey map substantiate the parcel to be conveyed. Federal, state and local agricultural agencies are aerially mapping vast areas of country property. These maps have served as a guideline in the absence of a formal survey or adequate description.
Some deeds are so vague and incomplete in describing parcels that it becomes impossible for the licensed land surveyor or engineer to undertake a formal survey and certify that it is accurate. This problem can only be solved by establishing with all bordering property owners what is known as a “boundary line agreement” wherein all parties legally agree to the establishing of property lines.
The sellers are becoming more aware that if they warrant a certain number of acres that they are selling, they could be subject to substantial litigation, in the event that the purchaser proves by survey that certain acreage purchased was considerably less than stated in contracts and deeds.
Real estate firms today are extremely cautious in stating the number of acres that they are selling, unless there are certified maps available. Brokers are doing their utmost to convince sellers to have a survey undertaken before the property is publicly listed, in order to avoid complications.
One acre of land, seventy years from now, when our population is expected to reach one billion, so say the statisticians, might be worth literally thousands of dollars. For this reason, and for many others, you should have in your possession a survey, certified by a licensed engineer or surveyor, of the parcel you intend to buy, before closing the transaction. You are making a large investment. In the absence of a very descriptive deed or map, you are inviting-problems for yourself, for your children, grandchildren or heirs, when the time comes to sell the property.
Title insurance is discussed in another chapter. However, you should realize that title insurance policies usually do not insure the acreage, nor guarantee your acreage without a certified map and “boundary line agreements” by all owners bordering your property.
It may appear to you that I am becoming extremely technical in this matter of survey. But I am concerned not only with the present, but for the future, when a blade of grass might represent a small fortune.
Undertaking a survey represents the same type of protection as having fire or liability insurance on your buildings. The cost is nominal and will vary, depending upon the section of the country and the problems involved. A ball-park estimate of a survey without many major problems could range from $1,200 to $1,700 for a one-hundred-acre parcel. The surveyor that you engage will be more than willing to estimate in advance the approximate cost. Costs of surveys today are in many instances borne equally by seller and purchaser. The contracts recite that in the event the survey reveals less than the acreage represented, the purchaser has the right either to withdraw from the contract, or to see that the purchase price be adjusted. The seller may ask to have inserted in the contract a statement that, if the acreage results in more than what was represented, the price be increased accordingly by agreement.
There is an extreme shortage of available licensed surveyors and engineers in most country areas and a great demand for their services. The shortage presents a major problem in closing the transaction within a reasonable period of time. In many areas severe winters increase the time needed by surveyors, although, as we said before, various parts of the country have aerial surveying services available. The aerial equipment is very costly so that work done by this means is very expensive.
Some old descriptions contain reasonable, accurate information from which a “deed plot plan” may be made. “Deed plotting” is preparing a diagram or sketch of the property involved from the information contained in the deed to the parcel. The deed may recite the distances as to frontage, depth and other peripheries, with reference to various landmarks as points of beginning and ending, the names of bordering neighbors, roads or highways. This map or drawing may or may not be prepared to scale and the sophistication of the finished product is dependent upon the extent of information contained in the deed, plus the ability and experience of the person preparing it.
Many present property owners possess this type of map or sketch and often refer to it as their “survey” of the property. It is not a survey! If you accept this rather meaningless document as a formal survey, then the blind is leading the blind.
We must recognize that for many years customs surrounding the transfer of property in country areas added up to this: what should have been done and what the procedure was—”A horse of a different color!” The temperament and attitude of both buyer and seller determined the results. There is no substitute for a certified survey. Be guided by the recommendations of your attorney and your own personality as to whether less precise plans will do for you. A formal survey means insuring your investment. You will be spending many thousands of dollars for the purchase and improvement of your property. Doesn’t simple good judgment dictate that you know exactly what you are buying and where it is?
Many areas of our country today are undertaking the preparation of tax maps and assessments of acreage by towns, villages or counties, and property evaluations and boundaries are being guided accordingly. This step forward is a giant one and in time to come will expedite the sale of tracts of land and property.