I have been doing some side work now for about a year and it's been going pretty good.?ÿ So far though, all of my clients have been the owners of the land they want surveyed.?ÿ Today, I got a call from a guy who is looking to buy a house and he wants it surveyed before he commits to buying it.?ÿ I won't lie, I feel a little bit sheepish that I don't know the answer to this, but can he hire me to survey a piece of property he doesn't yet own?
Obviously, I know people get surveys before they buy houses all the time, but I've never actually been involved in that process so I don't know if I need to get the owners permission first or what.
Sure he can, with the owners permission. We only wish that more buyers would do it.
Get a big retainer. You don’t want to be in a position of not getting paid if the results of the survey are negative.
Thanks.?ÿ That is kind of what I figured.?ÿ I guess I'll send him a quote and a permission slip.?ÿ Anybody got any good examples?
I'd lay that getting permission part on the client.?ÿ Now, in Oregon, there is a statutory procedure to be followed before entering any non-public land. So that would be different.?ÿ But I should think that the buyer getting a survey is all part of the land deal, and the owner is well aware of it already.?ÿ
No way would I bet my safety on someone else getting permission, not to mention my livelihood (right of entry notice) or freedom (criminal trespass)
I should be clear that I would not just assume that permission had been granted and plunge merrily on.
No problem.?ÿ Just another survey.
While negotiating for a price and everything to sign a contract of sale is when it is decided who pays for the survey.
Anyone can get most any property surveyed for whatever reason and as long as you have an official survey order from them then you are most likely guaranteed to get paid or will have proof if you have to collect your fee by other legal means.
I've surveyed property that I did not have permission from the owner to be on his land. I simply did not get on his land and traveled on the adjoining property and all is fair at the monuments as long as you leave them as you found them as far as covering and putting the sod back in place or repair any holes in asphalt and such.?ÿ
All of our contracts specify that the client is responsible for providing "suitable access" to perform the survey - i.e. keys to gates, dogs restrained, landowner's permission, etc. You are working with written contracts, right?
Mind if I pilfer some of your verbiage? My proposals specify right-of-entry will be granted but I line the suitable access bit.
On the lines of surveying for clients other than the owner.?ÿ Most ALTA surveys are for the perspective buyer.
As to @a-harris, in Oregon you can be (and I know those that have been) taken to the BOR for right-of-entry issues if you tie a monument on the line without contacting the adjacent owner.
Interesting question.
Searching my memory, I recall that I have performed many surveys for non-owners. Assumed good intent.
There are a myriad of valid reasons that a non-owner may want to spend hard cash to determine boundaries, easements, and topography. It is not my task to inquire Why.
As always, we try to contact the occupant out of courtesy and and convenience.
I can't think of any statue or regulation that would prohibit it... beyond common trespass.
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Here, it is NOT socially acceptable to pass thru a gate into a yard or patio without the occupant's permission. But that is a social thing, not a mandate by a government. Open land (no fencing or hedge rows) are kinda considered "open" to the public for non invasive travel.
BTW: the general public (American Tourists) seem think it is OK to just barge in, fenced/gated or not. They are looked on scornfully, but usually tolerated if they don't damage or litter.
Walking a line and digging up pins can get you a criminal trespass charge?ÿ here. I suspect many would be surprised if they did a little research.
Right of entry in Idaho and Oregon puts the landowner and surveyor closer to equal footing than most. Being both things I am OK with that.
The thinking being that if you stand on your clients land and dig up a corner or line pin, half the hole has to be on the adjoiners land.
As others have said, the big issues are access and payment.?ÿ
I've done this for a prospective buyer, and the seller didn't have any problem with me being there, since it was to facilitate the sale.
I'd just make sure that you get at least half up front in case the sale goes sour.?ÿ That happens, and your client obviously no longer has any interest in the survey results, or paying you to finish.
I had a client who hired me after an offer subject to survey. He offered 10k per acre for 43 acres. The survey showed 39. Never seen anyone so happy to pay for survey. (they were using [by mistake??]a deed that had 4 acres cut out after it was recorded ). My client is a sharp tack and had a suspicion.
I had the last house I bought surveyed due to encroaching garage and lots lines.
I'll never buy any properties ever again unless a real honest to God survey is performed.
It's pennies on the dollar for a transaction that is usually the biggest financial thing most people will ever experience.
If a seller wouldn't let me get a survey I wouldn't even bother and back out under the contract with that sole reason.
Something to hide is no thing to buy.
I recently did a survey where an adjoiner owned a portion of the parent tract and was hostile to the purchaser of the remainder. She refused access to the northeast corner of the parent tract. I contacted her adjoiner to the east and got permission to cross their pasture to shoot the corner. If that gets you before the board in Idaho or Oregon, then I'd suggest they have way too much time on their hands.
If you provide written notice to the owner or occupant the Board won't say a peep. Unless your entry interferes with a business you cannot be denied entry. It's all a trade-off.
A question I ask myself every time this non-owner question is raised. If during the process of this survey, which includes filing a record-of-survey map, I discover something that is not what it appears to be, am I harming the owner in some way that might expose me to legal action. If the deal goes south or perceived value plummets.?ÿ?ÿ
Remember, the survey and its record may exist long after your client leaves the scene.?ÿ
I suggest that you check with your E&O carrier about this, and structure your contract in a way that the property owner also acknowledges the conditions by which you work.?ÿ
I have provided survey information to a buyer without setting any stakes which at the time I believed absolved me from the record-of-survey requirement but I have been enlightened that that is not the case when I discover something, dare I say like an encroachment, that might affect an adjoiner.?ÿ
I believe that it is always in the owners best interest to commission the survey. With it they will attract more buyers and you know what that means.?ÿ?ÿ
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