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 When do I need the services of a land surveyor? When preparing to: Buy or sell land.
It is often absolutely necessary for a surveyor to obtain information and evidence from adjoining tracts when determining boundaries. If your deed calls specifically for the adjoining owner's bounds and does not otherwise describe the bounds then the only way to determine the boundary is to survey the adjoining tract. When dealing with original land lot lines the surveyor may be faced with establishing nearly a mile of boundary to obtain a few hundred feet of your boundary. It should be remembered that a survey reflects not only your bounds but those of your adjoins.
Maybe, often roughness of terrain can affect the final fee for a survey. Heavy vegetation and swamp areas may impede or slow the pace of a survey thereby creating more billable hours. However, the surveyor's fees are not based entirely on labor. There are many factors involved in determining final fees. Legal issues: Poor descriptions, lack of recent surveys, disputed bounds, research hours, etc. are all a part of your survey. What appears simple is often very complex. Lack of monumentation: If your bounds are not described properly and little/no physical evidence is available the surveyor may have a very complex job ahead. Liability: A surveyor has limited liability in his or her actions therefore the more valuable the property often the more liability extended to the client and his or her assigns. I only wanted one corner marked. Why did it cost so much to have this performed? The surveyor must in professional capacity assume liability for his/her actions. Finding the physical monument is only a part of the process. Verification of the monument is the final step. The surveyor must treat each measurement with care, research all available legal documents, analyze all the evidence and then form an opinion before placing or accepting a monument. Quite often the surveyor will spend as much time verifying one monument as he/she would in verifying the entire boundary. No, absolutely not. "Courses and distances occupy the lowest, instead of the highest grade, in the scale of evidence as to the identification of land." Chief Justice Lumpkin - Riley v. Griffin, 16 Ga. 141, (1854) The Georgia Courts will hold void for uncertainty of terms any description that, without otherwise fixing the boundaries, designates the distances as "about" or as "more or less", and or gives directions such as "northerly", "westerly", or "southeasterly". If your deed calls for distances to a physical monument, that monument is the corner regardless of how far or short the called for course. This may be a few feet or even a few hundred feet depending on the situation. Yes. Under Georgia law a landowner is entitled to the right of surveying his/her own boundaries. This right however is much like being able to represent oneself in court - legal but not very advisable. A forester flagged my property lines to harvest timber by. Is this a survey? Absolutely not. A forester may flag approximate lines for harvesting timber but the forester is not a land surveyor. If a forester is found in neglect from not hiring a surveyor to mark boundary lines he/she may be held responsible for any damages. To settle a boundary dispute can my neighbor and I agree on the location legally? Sometimes, quite often agreed property lines are the best solution for settling disputed boundaries. This action may settle long term disputes, keep the peace in the community, and allow you to live in harmony. A formal boundary agreement should be described, witnessed, signed, and recorded. Having a surveyor draft a plat depicting this agreement is the simplest solution. It may also be necessary to exchange quit claim deeds to clarify title along agreed boundaries. Once a surveyor marks my boundaries no one can dispute those locations right? Wrong, though the courts hold the surveyor to be an expert in matters of boundaries and will hold the testimony and opinions of the surveyor in high regards, the surveyor is not the final word in the case of disputed boundaries. A surveyor provides an opinion as to where the location of the bounds lie and accepts liability for this opinion but the surveyor is not the final word in boundaries nor is the surveyor a hired gun to force boundaries upon other parties. Any person has the right to contest any matter before the courts. The final word in boundary matters falls to the courts and their assigns. The person who sold me my property signed a survey affidavit declaring the property void of encroachments. Is this legal? Sadly Yes. Before I bought my property my realtor pointed out my boundaries. Now I have hired a surveyor and he disagrees with those locations. Why? The time to have your property surveyed is before you buy not after. My attorney provided me with a certificate of clear title and title insurance. These certificates ensure me that my property is free and clear of any encumbrances and guarantees my boundaries don't they? No, absolutely not. Without a current survey of the property you are purchasing there is no guarantee to matters of unwritten rights such as, possession or prescriptive rights. Overlapping fences, drives, walkways, and utility lines can present rights of possession and prescription. Other matters that cannot be derived from the attorney's office are physical encroachments, overlapping deed descriptions, overlapping monumentation, and illegal zoning uses. And last but not least, a deed description or older plat becomes a mere piece of paper that only lend clues as to where your boundaries lie if they are not clearly identified on the ground by physical monuments. My realtor and attorney have advised me not forgo the expense of a current survey by closing the transaction using an older survey of the property. Is this truly advisable? Buyer beware. Read the date of the original survey you are using. If the survey is older than six years there is no liability extended. Under current statutes in Georgia law a surveyor's liability only extends for a period of six years from the date of the survey. If there are errors and omissions in this survey then you have absolutely no recourse against the surveyor. Read over the plat of survey carefully. Many surveyors are now using copyrights that only extend to fair use doctrine for boundary determination. If the original surveyor has issued and filed a copyright of this plat its use and mere copying of this plat for financial transactions may land you, your attorney, and your realtor in a very dangerous legal situation. Do you know in fact that there have been no changes to the property in the last several years? Have structures or fences been built near or across the property lines? Have adjoining owners bought or sold their lands recently? Do their deed descriptions and plats overlap into your bounds? Having your property surveyed and certified to you in name is the only way to be assured that the above problems do not exist and to know where your bounds physically lie. The better question is, how much will not having my property surveyed cost? Yes, money will exchange hands this amount may be several hundred dollars or several thousand dollars depending on the scope of services and time involved. The purchase of a home, a farm, or development property is often the largest investment one will make in a lifetime. The only way to be assured that what you have been presented with actually exists is to have the property surveyed. A land surveyor must accept limited liability for his or her actions thereby creating a pseudo-insurance policy guaranteeing your boundaries and the peace of mind that there are no problems affecting the boundaries. If you must question cost think of it this way: Will you spend less now by having your property surveyed thereby fully exposing potential legal issues or will it cost more later to resolve these issues in court after you have already purchased the problem? I hired an unlicensed individual who advertises to provide surveying. He works in his own office but has a licensed surveyor in another town stamp and certify his work without actually supervising the services. Is this legal? No, absolutely not. Report this situation immediately to the State Board of Registration for Professional Engineers and Land Surveyors through the Secretary of State's office. If you do not want to report this offense directly you should contact a reputable surveyor or surveying society to assist you in filing the complaint. In the State of Georgia each office that offers surveying must have a resident land surveyor. This land surveyor must not only be present during normal operating hours but must be personally involved in the process of performing the surveying services. Individuals involved in practices such as above are bottom feeders and frauds who are interesting in only making money at your expense. When obtaining the services of a land surveyor always ask to meet the licensed individual and ask for his/her registration number. Even offering surveying services verbally is considered to be practicing surveying. Practicing surveying without a license is not and should not be taken lightly. Above you will see a question related to this action. Further explained many deed descriptions and recorded surveys are referenced to monuments found in remote locations and on adjoining lands. The surveyor must often access adjoining lands to verify monuments to be assured of his or her findings. Many States have recognized this action as a necessity in maintaining legal boundaries and to have provision of evidence to the courts. The States, which have recognized the need for surveyors to gain access to adjoining lands during the course of a survey, have written laws allowing surveyors rights to access. The State of Georgia does not currently have a right of access for land surveyors. Please remember to keep an open mind when asked for permission from a surveyor to traverse across your land. This is a very important action and may actually benefit you in years to come. Be polite, ask the surveyor for a clear reason for permission, ask for his or her business contacts if you have questions, and always remember the surveyor is just doing his or her duty as a professional. Why do I need Professional Engineering Services? The simplest and most compelling reason to utilize the Services of a Licensed Professional Engineer is that State Law requires it. The Georgia State Code states that a valid license is required to engage in design, consultation, evaluation, or analysis that involves proposed or existing improvements to real property. As a practical matter, the Services of an Engineer will insure proper design and documentation of proposed improvements. Many permitting activities associated with improvements to real property also require the involvement, or oversight of a qualified, licensed Professional.
What Is A Civil Engineer? Civil Engineering is field of engineering concerned with planning, design, construction management and maintenance of waste water systems, drinking water systems, roads, bridges, pipelines, subdivisions, buildings, tunnels, natural resource development, transportation facilities and other structures and facilities for the needs of people. What is Environmental Engineering? Environmental engineering is the application of science and engineering principles to improve the environment (air, water, and/or land resources), to provide healthful water, air, and land for human habitation and for other organisms, and to remediate polluted sites. Negative environmental effects can be decreased and controlled through public education, conservation, regulations, and the application of good engineering practices. "Pollutants" may be chemical, biological, thermal, radioactive, or even mechanical. Environmental engineering emphasizes several areas: process engineering, environmental chemistry, water and wastewater treatment (sanitary engineering), waste reduction/management, and pollution prevention/cleanup.
What is "Stormwater Management"? In developing a site for a new use, it is critical from a practical, as well as a legal standpoint, to properly collect, convey, and discharge stormwater on your site. A Stormwater Management Plan will quantify the anticipated flows from certain "design" storms, will propose the method of conveyance, e.g. culvert pipes or open ditches, and will show how to minimize the negative stormwater runoff impact on downstream properties. ASA's staff is well versed in the different methodologies for estimating runoff from different types of sites subjected to storms of typical duration. We combine sound engineering methods with practical experience to design Stormwater Management Systems that are effective, cost conscious, and environmentally sensitive.
What is Phase I Environmental Site Assessment? A Phase I Environmental Site Assessment is a report prepared for a real estate holding which identifies potential or existing environmental contamination liabilities. The analysis, often called a Phase I ESA, typically addresses both the underlying land as well as physical improvements to the property; however, techniques applied in a Phase I ESA never include actual collection of physical samples or chemical analyses of any kind. Scrutiny of the land includes examination of potential soil contamination, groundwater quality, surface water quality and sometimes issues related to hazardous substance uptake by biota. The examination of a site may include: definition of any chemical residues within structures; identification of possible asbestos containing building materials; inventory of hazardous substances stored or used on site; assessment of mold and mildew; and evaluation of other indoor air quality parameters.
What is Phase II Environmental Site Assessment? Phase II Environmental Site Assessment is an investigation which collects original samples of soil, groundwater or building materials to analyze for quantitative values of various contaminants. This investigation is normally undertaken when a Phase I ESA determines a likelihood of site contamination. The most frequent substances tested are petroleum hydrocarbons, heavy metals, pesticides, solvents, asbestos and mold.
What is rainwater harvesting? Simply stated, the current trend of rainwater harvesting involves the collection of rainwater from rooftops or other impervious surfaces for storage and re-use. The idea is not new, Man has always recognized the value of rainwater. Ancient civilizations collected, stored, and utilized rainwater for multiple purposes.
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