Land Survey FAQ's

These tips are generalizations only and do not adequately cover all situations, locations, or circumstances. We offer them for consideration only so that buyers may make more informed decisions about land purchases. An old adage is that "real estate transactions are like train wrecks - no two are ever exactly alike".

Q: Why is it important for a property to have a survey, and what should the survey show?
A: Without a proper survey, a prospective buyer has no way of knowing if the parcel is the size the seller is claiming it is. The property corners or boundaries should be clearly marked during a survey, so that the buyer can actually see the physical extent of the property. A survey should also show any encroachments and easements that exist on the property, which prospective buyers should be aware of in order to make an informed decision about purchasing the property. Before you pay for a survey, check to see if a survey for that property has already been legally recorded. If a new survey has to be completed, make sure it is recorded whether it was paid for by you or by the seller.

Q: What are encroachments and easements?
A: An encroachment is an unauthorized invasion or intrusion onto property owned by another or onto a public street. Encroachments typically reduce the size and value of the invaded property. Examples of encroachments include improperly located private roads and driveways, or structures such as buildings, walls, or fences.
An easement is an interest in land owned by another entitling the holder of the interest to limited use or enjoyment of a portion of that land. Common types of easements include rights-of-way for the installation of utilities or for roads that provide access to other lots or parcels.

Q: Are there any situations where a survey may not be necessary?
A: Possibly. If a parcel lies within a platted town, section, or subdivision, it may not be necessary to have a recorded survey. A plat is a recorded map showing boundaries of individual properties within a development. A plat also shows the locations of streets, alleys, and public areas. The county or parish government where such properties are located can tell you if a property is platted or not.
Situations where a survey (or resurvey) may be warranted for platted properties include apparent encroachments, obscured boundary markers, or problems with the previous survey.

Q: What is legal recording, and how does it affect the survey?
A: Legal recording is a process by which written instruments affecting the title to real property are entered into a book of public records. Documents that are typically recorded include deeds, mortgages, sales contracts, options, assignments, surveys, plats, and so on. Legally recorded documents provide proper public notice of the existence of such documents and their contents. Recording is usually done by a county or parish recorder's office, but in some areas may be done by a city, county, or parish clerk, auditor, or other such office. A survey contains a legal description of the land. It also provides notice of the location of property boundaries, easements, and encroachments. Ensuring that the survey is recorded offers some protection against fraudulent claims or illegal intrusions made against the property or its title at a later time.

Q: How should I choose a surveyor?
A: Like all contractors, the surveyor you choose should be licensed, bonded, and insured. He or she should be able to provide references from former clients. It's also a good idea to try to find out what his or her track record with previous surveys has been, if you can.