5 things Land Surveyors wish you knew before you buy a new home or property
Buying a home or a property can be a very personal and stressful experience. Often the focus is on being able to just acquire the property, so many people tend to focus on the financial side of the transaction by working with your Lender (if needed) and working with your Realtor to purchase the right property, rather than making sure the property itself doesn’t have any potential avoidable issues, or unknown potential risks.
People tend to get caught up in the stress of purchasing and closing and don’t have the time or skills necessary to properly analyze the property to make sure it’s going to work for you as you envisioned, and avoid potentially costly mistakes.
Many properties, especially ones that are newer or those in platted subdivisions (multiple properties that were created from larger properties) typically will have very few problems that a buyer will need to worry about, but older homes/properties or those in more remote areas have a much higher potential to have issues. It is important to have an understanding of what you are getting into before you choose to purchase, or at least knowledge on when it’s advised to involve Legal Counsel or Professionals who have expertise in the areas of concern.
The following topics are the most common issues I’ve seen arise in my career as a Professional Land Surveyor, and often the most costly:
1. Site Access
It is important to have a strong understanding of how the property has legal access to a public right-of-way. Properties that are adjacent to or front a public right-of-way, usually have legal access to that right-of-way (unless there is an access restriction that affects the property, which should show up on your Title commitment). Properties that don’t directly abut a public right-of-way will need to have some sort of an access easement (a right to use portions other properties) in order to gain access to the public right-of-way.
The problem I see most often is that the recorded easement may be in an area that is unusable (for reasons like wetlands, steep slopes, water or other sensitive areas) so the road may need to meander outside of the easement area to physically provide access that a vehicle can travel.
However, just because there is a road that physically provides access to the public roadway, doesn't necessarily mean that you will have the legal right to use that roadway. You will want to ensure you have both legal and physical access, and you will want to make sure those rights are specifically conveyed to you at the time of purchase. If you have concern with this, your Title Officer should be able to help.
If it is unclear how the property has legal and physical access, I recommend obtaining a survey and/or obtaining legal counsel.
2. You can perform your own research
There are many free tools out there that you can use yourself, before you decide to spend any money. Some data requires specialty software; however, many jurisdictions now offer convenient tools to find maps, recorded maps and documents, aerial maps and tools that are useful to see where the nearest water lines, sewer lines or other utility facilities are located. For those of you that are tech savvy, there are even good open-source programs out there which will allow you to import and open more complex and detailed information for free.
A good place to start is typically with the County Assessor which often will contain details about the site, like previous tax history, tax parcel numbers, general legal descriptions, site areas, controlling jurisdictions, zoning designations, and will often have sketches of the site and improvements. Many County Assessor departments offer detailed “Assessor Maps”, however please note they are NOT a Land Survey. These are often general approximations and the areas displayed are often incorrect because they are not always based upon a Land Survey.
The County Recorder or Auditor (depending on County), will be the best place to obtain copies of recorded maps, recorded easements and deeds. Some Recorders/Auditors have more advanced capabilities so you can search by address or by the tax parcel numbers, which you can find on the Assessor’s site.
I recommend doing a google search for the name of your jurisdiction or county and the term “GIS” and look for generated official maps. They often have premade maps that contain information on Zoning and public utilities.
I also recommend downloading Google Earth, which offers great arial photos (that you can turn back in time to see how things have changed) and also opens up further tools you can utilize from the County that come in KMZ files.
If you are researching on other states besides Washington, I also recommend doing a Google search for your County Surveyor. They often have convenient ways of finding maps and other available records.
3. Your property may have already been surveyed.
Unless construction activity wiped the property corners, or if they were pulled by upset neighbors ($10,000 fine if caught in WA), most properties have been previously surveyed, and you may be able to find them yourself and save on the need to get a Surveyor. However, you may still want to have a Land Surveyor verify the corners are still in the correct location before you do anything critical, where you absolutely need to know where the property lines are.
As mentioned above, using the information found at the County Assessors site, you may be able to find downloadable Survey maps on the County Recorders/Auditor’s site, which may help you find existing corners by showing graphically where and what was set at each corner location. At a minimum it may help you determine what surveyor previously surveyed the property which may reduce the cost if you engage them for further Surveying services.
When you go out to look for your corners, make sure to dig around a little. Sometimes corners will be slightly below the ground level, other times they can be found feet below the surface if there was fill. Other than corners that fall in concrete or asphalt, typically corners are substantial rebars (and a cap) or iron pipes (with or without a cap). When they are originally set, they usually have an accompanying lot board (often white), which is set near but is not the actual corner.
4. Terrain, Vegetation other Potential Risks.
There are many potential risks which you will want to consider before deciding to purchase a property. Some these potential risks may require the need to hire the proper professionals to verify or deal with each specific issue.
The most common types of risks that can be potentially identified upfront by yourself are:
Steep Slopes. The majority of the jurisdictions consider steep slopes to be those that are greater than 40%, however this is not always the case so if the site has significant slopes you may need to figure on engaging a Geotechnical Engineer. If you aren’t sure if the slopes are 40%, you may need to hire a Land Surveyor to accurately map the terrain. Steep Slopes are not generally buildable and may cause the need for significant buffers and setbacks, which can limit your use of the property.
Flat, Low spots or Wetlands. Low spots or large flat spots may indicate potential drainage concerns, or potential wetland areas. If these areas are determined to be sensitive areas, it can restrict your use and enjoyment of the property, or even potentially make the property unusable. It is recommended to have your property assessed by a Wetland Biologist if you have any concerns. If your property does have wetlands, you may want to consider having them flagged (markers around the limits of the wetlands) prior to a Land Survey, to reduce the number of trips necessary to map them and save on costs. Some jurisdictions have available GIS information on previously identified wetlands, which is a good place to start. A keen eye can spot vegetation which tends to be near wetlands or other indicators such as no trees, or areas greener than others.
Water Boundaries. Owning a property along a water boundary may be nice, but keep in mind being on the water will impose additional jurisdictional restrictions that you will need to consider. There may be additional setbacks requirements, limitations of what you can do near the water or even additional FEMA insurance requirements if you are going through a lender. It is recommended to have a strong understanding on what the requirements are for the specific property and if you don’t, you may want to engage an Environmental Biologist.
Wildlife Restrictions. Many jurisdictions have restrictions on what you can do on a property based upon the wildlife found on the property. Your property may be a breeding ground for endangered species or even home to small animals which can potentially make the property unusable. Some may be permanent restrictions, and some may be restrictions on what kind of construction activities can be done during certain parts of the year. You may consider hiring a Wildlife Biologist if you have concerns about what may be on the property.
View Preservation. Many people choose to purchase a property based upon a nice view, but don’t assume that view is going to be permanent. Odds are if you like the view, others will as well and may build in your way, or plant trees which may limit your view over time. It’s different state to state, but generally if you want to have a right to a view, the safest way is to have an agreement in place over other properties that establishes the restrictions. This is often costly to acquire, so some property owners choose to buy properties they wish to establish restrictions over then sell the properties subject to the restriction. If you are being told there is an agreement in place, make sure those rights are conveyed to you at the time of purchase.
Archeological Artifacts. It may be determined that you need to obtain an Archaeological study to determine if there is anything on the property which may prevent you from being able to construct where you want to. It is recommended to determine if these are common in the area of the property.
Encroachments. Encroachments, or “improvements inconsistent with the boundary lines” are probably the most common issue I see and are not always easy to identify without a Land Survey. These encroachments, especially those that have been there for greater than 10 years (depends on which State you are in), may indicate a potential adverse claim, and may be extremely difficult or impossible to remove. I have seen many costly court cases fail at correcting the improvements to the original property line and may indicate that the land is no longer a part of the land you are purchasing. You will want to have an understanding on what possible encroachments affect the property, or if the improvements on your property extend off site. It is highly recommended to obtain a Land Survey and legal counsel if you have concerns.
Unfortunately, one common phrase we hear is “my realtor told me that I own to the fence”. This common mistake is preventable, if:
a) you engage a Land Surveyor to calculate the boundary lines and map the improvements/features of the site, or
b) have the seller provide a current Boundary Survey which shows the location the fences or other improvements along the property lines and how they relate to your deeded lines on the ground.
Professional analysis is recommended prior to purchasing properties to identify and advise on these kinds of potential risks.
5. Utilities & Easements
It’s very important to have a good understanding of what utilities benefit and are currently available to the property and an understanding on what easements encumber or benefit the property.
There’s not always a clear visible indication of what utilities exist on the property, so it’s highly recommended to engage a private utility locating service if you are concerned with this for anything on site. Please note that the 811 service typically doesn’t mark private properties but will locate the public facilities if you are planning any digging.
You can do a visible search by walking the property and take note of any water meters, water valves, sewer manholes, sewer cleanouts, storm catch basins, or any junction boxes or power facilities. Don’t forget to look up for any overhead utility lines, especially if any appear to cross the property to serve others. These may all be good indications of a potential easement, which should show up on your Title report.
Water Service. Determine if the property has an existing water service, is on a well or neither. It is pricey to install a new water service or water well, and there may be fees that remain to be paid in order to connect to a public system.
Sewer Connection or Septic System. Determine if the property has an existing sewer connection, existing septic system, or if any connection fees remain to be paid in order to connect into a public system. If on septic it is recommended to obtain an inspection to make sure it’s functioning properly, and have the system cleaned out if needed.
Power Service. Look to see if the property already has an existing power connection, or note how far the nearest existing facilities are located. It is recommended to contact the local power provider if you need costs to figure on for a new connection if a new service needed, or if you have any specific power requirements.
Gas Service. Look to see if the property already has an existing gas connection, or note how far the nearest existing facilities are located. It is recommended to contact the local gas provider if you need costs to figure on for a new connection if a new service needed, or if you have any specific gas requirements.
Plan ahead for any future utility or easement needs you may have in order to
a) make sure the property has these available; or
b) have an understanding of what it will cost to acquire.
I’m a Professional Land Surveyor and not an attorney, so the above recommendations are for educational purposes based upon seeing many similar issues to the above throughout my Land Surveying career and are not to be taken as legal advice. It is advised to obtain Legal Counsel or engage other respective professionals if you have any questions or concerns with the property before you finalize your purchase.