Attorneys

"Attorneys often require surveying services in a
variety of legal situations..."

Attorneys often require surveying services in a variety of legal situations, primarily those involving real estate, property disputes, and land use. Here are some of the key surveying services they might need:

Boundary Surveys

• Purpose: To establish and clearly define property lines. This is crucial in property disputes, real estate transactions, and cases involving easements or encroachments.   

• Legal Relevance: Provides evidence for legal descriptions, clarifies ownership, and helps resolve boundary disputes.   

ALTA/NSPS Land Title Surveys

• Purpose: A comprehensive survey that meets specific standards set by the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS).   

• Legal Relevance: Often required for real estate transactions, especially commercial ones, as they provide detailed information about the property for title insurance purposes.   

Topographic Surveys:

• Purpose: To map the contours of the land, including elevations, slopes, and features.   

• Legal Relevance: Can be important in cases involving land use, zoning regulations, and environmental issues.   

As-Built Surveys:

• Purpose: To document the final location of constructed improvements on a property.   

• Legal Relevance: Useful in construction disputes, property development cases, and verifying compliance with building codes.   

Physical Survey

Here's a breakdown of what a physical survey entails:

1. Fieldwork:

Boundary Location: Surveyors use specialized equipment, like total stations and GPS receivers, to locate and measure the precise positions of property corners and boundary lines.

Monumentation: They search for existing survey markers (like iron pins or concrete monuments) and, if necessary, set new ones to clearly mark the property corners.

Feature Identification: Surveyors record the locations of any physical features on the land, such as buildings, fences, walls, driveways, and visible utilities.

Data Collection: They gather data on elevations, contours, and any easements or encroachments that might affect the property.

2. Data Processing and Mapping:

Calculations: Surveyors use the field data to calculate precise measurements and determine the location of boundaries.

Map Creation: Creating a detailed map of the property, showing the boundaries, dimensions, features, and any relevant legal information.

Report Preparation: Report that describes the survey process, findings, and any potential issues or discrepancies.

Why is a physical survey important?

Legal Certainty: It provides a professional opinion of property boundaries, and preventing disputes with neighbors. 

Construction Planning: Architects and engineers rely on physical surveys to design buildings and infrastructure that comply with property lines and regulations.

Real Estate Transactions: Buyers and sellers use surveys to verify property boundaries and identify any potential issues before finalizing a sale.

Property Development: Developers need accurate surveys to plan subdivisions, obtain permits, and ensure compliance with zoning regulations.

Dispute Resolution: In case of boundary disputes, a physical survey serves as crucial evidence to resolve conflicts.

When might you need a physical survey?

Buying or selling property: To confirm boundaries and identify potential issues.

Building a new structure or making significant changes to your property: To ensure compliance with property lines and regulations.

Erecting a fence or wall: To avoid encroaching on neighboring land.

Resolving boundary disputes with neighbors: To provide clear evidence of property lines.

Subdividing land: To create new property boundaries.