Tag Archives: Legal Description

Contact A Utah Land Surveyor

Contact A Utah Land Surveyor

Several months ago we presented new information about what a land survey is and who a land surveyor really is.  We thought we would share that again today, emphasizing the importance of a land survey and why people get them.  A Land survey is needed for all transactions or development of a parcel of land.  Why?  One needs to understand the extents of the land and how things fall upon it.  A topography is often requested as well and can be done by a land surveyor.  Call for more information at 435.623.0897.

What is a boundary survey?

A boundary survey determines the property lines of a parcel of land described in a deed. It will also indicate the extent of any easements or encroachments and may show the limitations imposed on the property by state or local regulations.

When is a Land survey needed?

A survey is strongly recommended before buying, subdividing, improving or building on land. Surveying the parcel before these activities ensures that the expense and frustration of defending a lawsuit, moving a building, or resolving a boundry dispute can be avoided.

What does a standard boundary survey entail?

The surveyor thoroughly examines the historical records relating to the land in question and often all lands surrounding it. In addition to the Registry of Deeds this research may include: the Registry of Probate, county commissioners’ offices, town offices, historical associations and the Department of Transportation. The surveyor may also talk with prior owners and adjoiners.

The field work begins after the research and involves establishing a control network of known points called a traverse. The points are used to search for and locate existing monuments and other evidence of the boundaries. Although the field portion of a survey is the most visible phase of surveying, it usually represents only a third of the entire project.

The results of the field work are compared with the research and the surveyor then reconciles all the information to arrive at a final conclusion about the boundaries. A second field trip is then needed to set the new monuments. Finally, the surveyor will draft a plan, prepare a legal description and write a report.

How much does a Land survey cost?

The cost of a boundary survey depends on many variables, some of which can not be known until after the work has started. The size, terrain, vegetation, location and season affect the charges and can usually be estimated fairly accurately. However, the surveyor will not know if deeded monuments are missing or if they conflict with the description until well into the survey.

The complexity of the research is also usually not known until the surveyor begins the actual work. Some parcels have passed through many owners over the years. Some may have added adjacent parcels or sold off po

English: Exterior survey of the Old Mines land...

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rtions of the orginal lot. The more outparcels and consolidations there have been, the more complex and costly the research becomes. Many deeds are “abutter deeds” which use the neighbors’ names to define boundaries. In some cases it may be necessary to research parcels far removed from the land being surveyed to assemble the jigsaw puzzle of old deeds and it is not unusual for the research to account for 50% or more of the total survey cost.

What are the results of a boundary survey?

Depending on the services agreed on, a boundary survey may produce:

  1. Monuments at all property corners
  2. A written description of the property
  3. A plan of the property
  4. A report explaining the basis of decisions and judgements made to determine the boundaries.

How will the boundaries be marked?

This also depends on what the client and the surveyor have agreed to. Monuments may include wooden posts, iron pins or pipes, marked trees or concrete monuments. Maine survey standards require that each monument set by a surveyor must clearly show his or her license number. Additionally, you may want to have the surveyor blaze and/or paint trees along the boundary line.

 

 

 

 

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ALTA Surveys in Utah

ALTA Surveys in Utah

This is the logo for the American Land Title A...

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I located a great article illustrating the difference between the new code for ALTA surveys and the old code.  This was provided by Kaufcan.com -Thanks.

http://www.kaufcan.com

New 2011 ALTA/ACSM Survey Standard Detail Requirements

The new 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys (the “2011 Standards”), which have been approved by the National Society of Professional Surveyors, the American Land Title Association (ALTA) and the American Congress on Surveying and Mapping (ACSM), will take effect February 23, 2011.   The new 2011 Standards replace the currently effective 2005 standards.  As of February 23, 2011, all previous versions of the Standard Detail Requirements for ALTA/ACSM Land Title Surveys are superseded by the 2011 Standards.  Click here to view a complete copy of the revised 2011 Standards available free of charge on-line on the ACSM website.[1]

Additionally, two other documents, which are also available free of charge at the ACSM website, are excellent resources and quick references to facilitate a review of operative changes in the 2011 Standards.  The first is the: “Summary of Significant Changes from the 2005 Standards to the 2011 Standards.”  This document lists a detailed summary of specific revisions, inclusive of changes to standard Table A.

The second is an incredibly useful tool in the form of a redlined mark-up of the 2011 Standards.  “New Standards with red highlights showing which clauses within those Standards are substantially new or are otherwise significantly modified from the 2005 version” reflects detailed redline addition of revised terms, inclusive of changes to standard Table A.

The new emphasis placed upon minimum fieldwork requirements for compliant plats under Section 5, and the requirements for preparation of a plat or map to specifically reflect the results of fieldwork data and its relationship to Record Documents per Section 6, are particularly noteworthy.  Presumably, the results of the newer and more stringent precision in field data, the stated bias against creation of new legal descriptions, and the express reference to the “prudent surveyor” standard of care will all combine to produce more uniform, accurate and detailed surveys.

Heightened requirements on empirical data and related surveyor certifications should produce new processes and protocols in the title insurance industry.  Removal of a standard “survey exception” will presumably require a review of surveys, plats and maps satisfying the minimum requirements of the 2011 Standards.  In the context of title insurance coverages, Covered Risk 2(c) in the 2006 ALTA Policy forms would presumably require a “survey reading” of a 2011 Standards compliant plat by the underwriter in order to obtain a deletion of the otherwise applicable standard survey exception.   Moreover, endorsement coverages for the ALTA 9 series, ALTA 17-06, ALTA 17.1-06, ALTA 19-06 and ALTA 19.1-06, among other special endorsements, would all also presumably require additional new underwriting of a 2011 Standards compliant survey.  The standard policy terms and conditions do not expressly adopt the ALTA/ACSM standards; however, they have been the practical benchmark for underwriting purposes for decades.

As the new 2011 Standards are implemented, the ripple effect will additionally beget a broad range of timely practical issues worthy of consideration:

(i)  With regards to loan defaults, asset recovery, and related matters in the current economic environment, new survey standards must be considered.  In the context of foreclosures and deed-in-lieu transactions, lenders/loan servicers/trustees, etc. will need to consider how the newer standards may impact a prospective disposition of distressed property.  Updated survey data would presumably require compliance with the new standards; and, existing mortgagee coverage with exceptions under the older standards may not be adequate for survey related matters;

(ii)  In the commercial real estate transaction context, it remains to be seen how the new procedures and commensurate expense of satisfying underwriting conditions will affect the timing and costs of CRE transactions.  Presumably commercial lenders,  mortgage bankers, conduit lenders, etc. will adopt objective underwriting criteria that mirror the new minimum standards and detail in the 2011 Standards; and,

(iii)  It remains to be seen how the new minimum standards and detail will affect local planning, zoning, subdivision and related requirements and procedures.  An argument can be made that the 2011 Standards mandate a level of detail and certification that is harmonious with many current local ordinance requirements for planning, subdivision, rezoning, Plan or Development and/or Site Plan review, etc.

Under Section 7 of the 2011 Standards, the new requirements provide significant limitations upon a surveyor’s ability to deviate from the mandatory form certification, confirming compliance with the 2011 Standards.  A deviation is permitted only if required under applicable federal, state and/or local laws, rules, regulations, etc.  Pursuant to Section 3(B), the surveyor must complete the survey in compliance with the requirements of the 2011 Standards, and the applicable requirements of federal, state and local statutes, administrative rules, regulations and/or ordinances that set out standards regulating the practice of surveying within a subject jurisdiction.   In Virginia, reference should also be made to the provisions of Va. Code §54.1-400, et seq.; 18VAC10-20; and, 18VAC10-20-370, et seq., as well as the locality’s planning, zoning, and subdivision ordinances for minimum plat requirements and detail.

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Land Surveyors in Utah County

Land Surveyors in Utah County

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Land Surveyors in Utah County

If you are looking for a Land surveyor in Utah County, then try Ludlow Engineering and Land Surveying.

What is a boundry survey?

A boundary survey determines the property lines of a parcel of land described in a deed. It will also indicate the extent of any easements or encroachments and may show the limitations imposed on the property by state or local regulations.

When is a survey needed?

A survey is strongly recommended before buying, subdividing, improving or building on land. Surveying the parcel before these activities ensures that the expense and frustration of defending a lawsuit, moving a building, or resolving a boundry dispute can be avoided.

What does a standard boundary survey entail?

The surveyor thoroughly examines the historical records relating to the land in question and often all lands surrounding it. In addition to the Registry of Deeds this research may include: the Registry of Probate, county commissioners’ offices, town offices, historical associations and the Department of Transportation. The surveyor may also talk with prior owners and adjoiners.

The field work begins after the research and involves establishing a control network of known points called a traverse. The points are used to search for and locate existing monuments and other evidence of the boundaries. Although the field portion of a survey is the most visible phase of surveying, it usually represents only a third of the entire project.

The results of the field work are compared with the research and the surveyor then reconciles all the information to arrive at a final conclusion about the boundaries. A second field trip is then needed to set the new monuments. Finally, the surveyor will draft a plan, prepare a legal description and write a report.

How much does a survey cost?

The cost of a boundary survey depends on many variables, some of which can not be known until after the work has started. The size, terrain, vegetation, location and season affect the charges and can usually be estimated fairly accurately. However, the surveyor will not know if deeded monuments are missing or if they conflict with the description until well into the survey.

The complexity of the research is also usually not known until the surveyor begins the actual work. Some parcels have passed through many owners over the years. Some may have added adjacent parcels or sold off portions of the orginal lot. The more outparcels and consolidations there have been, the more complex and costly the research becomes. Many deeds are “abutter deeds” which use the neighbors’ names to define boundaries. In some cases it may be necessary to research parcels far removed from the land being surveyed to assemble the jigsaw puzzle of old deeds and it is not unusual for the research to account for 50% or more of the total survey cost.

What are the results of a boundary survey?

Depending on the services agreed on, a boundary survey may produce:

  1. Monuments at all property corners
  2. A written description of the property
  3. A plan of the property
  4. A report explaining the basis of decisions and judgements made to determine the boundaries.

How will the boundaries be marked?

This also depends on what the client and the surveyor have agreed to. Monuments may include wooden posts, iron pins or pipes, marked trees or concrete monuments. Maine survey standards require that each monument set by a surveyor must clearly show his or her license number. Additionally, you may want to have the surveyor blaze and/or paint trees along the boundary line.

 

 

 

 

 

 

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