Answers
Do I really need a Survey? My title company says I don't.
Your title company or mortgage company has informed you that you don't need a survey to buy your home. What they really mean to say is, they don't need a survey to to provide basic title insurance. Click here to view various properties that have survey related problems that you should know about prior to acquiring your house & property.
What is a Survey?
The word survey is derived from an old French word meaning "to look over", and refers to the process of evaluating real property evidence in order to locate the physical limits of a particular parcel of land. The real property evidence considered by the surveyor typically consists of physical field evidence, written record evidence, and field measurements. The surveyor, having made an evaluation of the evidence, forms an opinion as to where he believes the lines would be located if fully adjudicated in a court of law. The typical modern day surveyor sees himself as an expert evaluator of evidence. He strives to arrive at the same opinion of boundary location regardless of whether he was hired by his client or his client's next door neighbor. The surveyor's opinion is founded on experience and applicable legal precedents. Unlike the attorney, the surveyor does not see himself primarily as an advocate for his client.
While land surveying is often associated with engineering, the two professions are distinct. The evaluation of land surveying evidence is not a "science" in the sense that there is one procedure to follow which will yield the "correct" result. Surveyors occasionally disagree on the proper location of a boundary line: not necessarily because one surveyor measures better than the other but more commonly because each surveyor has weighed the evidence differently and has formed different opinions. Just as two lawyers may draw different conclusions from the same line of cases, surveyors may disagree about the appropriate location for a boundary. Being a professional opinion, a survey is subject to review by a court in the event that a boundary dispute reaches litigation. Because a survey is primarily a professional opinion, the attorney should remember that a survey and supporting documentation provided by one professional surveyor may be far superior or far inferior to that provided by another. Almost any field technician with basic training can make measurements with an acceptable degree of precision and replicability. In those instances in which locating the bounds of a land parcel requires an extensive amount of evidence evaluation, an individual with the requisite amount of education, knowledge, and experience should be employed to competently accomplish the survey.
Why would I want an ILC?
An ILC (Improvement Location Certificate) is basically an inspection of the property from a land surveying perspective, to disclose any adverse matters that could effectively cloud the title and marketability of the property. Such adverse matters could also have a negative effect on the value of the home/property.
Why would I want a Land Survey?
A Land Survey is when property markers (monuments) are placed at the property corners. (An ILC does not provided for this service) Each property line and corner is determined and certified as true and correct to the client. A plat map (drawing) is provided showing the results of said survey and is deposited with appropriate county offices.
When should I get an ILC, as compared to a Land Survey?
An ILC is a cursory inspection, and provides a wealth of information, but if new improvement are being built and you need to know exactly where the property lines and corners are, a land survey must be conducted.
What is professional land surveying?
Not infrequently, the boundary lines of a parcel as physically occupied or possessed by its owner differ from the distances and direction called for in the deed or differ from the monuments called for in the deed. Discrepancies between possession and the called for deed lines may range from minor variations in fence line locations to substantial encroachments of multi-story buildings. A land survey should always show the occupied lines, the deed record lines, and the extent of any mismatch. Significant mismatches suggest potential claims of ownership by senior right or adverse possession or suggest a change in a boundary line by mutual agreement and acquiescence. To cut off any potential rights of another to a claim of adverse possession, the property owner may want to record an appropriate document confirming his claim of ownership or seek a change, in possession to match the record lines.
I think my neighbors fence is on my property, what should I do?
The only certain way to determine where your property line exists, is to have a complete Land Survey conducted on the parcel, in which all property corners and lines are marked with permanent markers.
I want to build a garage, can I depend on an ILC to be accurate?
The information stated on an ILC should only be considered as approximate. The certification (state statute) specifically states:
IMPROVEMENT LOCATION CERTIFICATE
I hereby certify that this improvement location certificate was prepared for .... (individual or firm) ...., that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines.
I further certify that the improvements on the above described parcel on this date, .... (insert date) ...., except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted.
If you are building a garage or constructing other improvements in which you need to know the location of the property line, you must have a Land Survey Plat conducted.
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