I'm trying to find out when (if at all) an actual field survey is required for creation of an easement. The main area of concern is in Arizona and New Mexico. I know this will vary by state, but I would be curious how it works in your state, even if it's not AZ or NM.
For example, you are creating easements for an overhead power line. Are you bound by law to establish section corners and tie easement lines to them? Or can you create them without any field work?
I prepare probably 50 or 60 easements for a large utility company any given month and in Oklahoma we do both. Some are as simple as "The West 15' of Lot 1, Block 1, Goober's Addition". Some are more complex. Most, in my opinion require some field work to at least verify physical locations although not required by statute.
If the easement is in a platted area, we generally kick up enough pins to verify things. In rural areas we tie our descriptions to the section lines with attention paid to the deed lines.
Although State Statutes don't apply to 'easements', we prepare exhibit documents (for filing) that meet or exceed our State's Minimum Standards for Land Surveys.
It depends on the client, and the specific requirements for the use of the easement. I have done some where we created a blanket easement across a private road. The language in the easement was satisfactory to the client.
I have also had to survey the world, per sea, in order to create the easement.
Probably not the answer you were looking for.
If you need to know where the easement lies on the ground, you do. Most times that's not required until they intend to install the utility.
JBS
A legal description is "inadequate unless it can be laid out on the ground." (paraphrased and shortened, but a general idea from black's law and other sources).
I don't know specific laws, especially where you're working. But If you can (adequately) describe the easement, and make sure you are getting easements from the correct land owner for where your description lies.... then you may have met your requirements. But, although it might not take staking the easement corridor on the ground, most or all cases would probably requiring some kind of surveying.
(Like someone said, you might be able to say "the east 50' of such-and-such a property, but is your actual corridor within that 50'? Does it cross over into the west sid of the neighbors?....)
Funny you post this.
There will be a meeting on my property in about an hour with a oil pipeline company and the local power coop.
They want an easement from me to extend my power line to the pipeline right of way which is about 400 feet away. I don't know why they need power other than some sort of pumping station.
The nearest other power is almost a mile away and I can guarantee that this ranch owner will not give them anything, looks like the ball is in my court.
If I decide to grant them an easement, you can bet It will get surveyed by me, not them.
I will check back in this afternoon with any news.
I guess I should have given a better example of my "blanket easement" statement.
The wording on that one easement that the client requested was something along the lines of a 25 feet wide electric easement being centered along the existing power line as constructed across the "Smith" property. I forget the actual wording, but it was something that came up after we had surveyed the site halfway across the state.
Generally, here in AK, easements aren't "surveyed", like others have mentioned: "The North 25' of Lot XX, Block XX, XX Subdivision" or sometimes a more blanket type "A 40' wide permanent utility easement, centered on the raw water transmission line". The sticky ones are easements across Restricted Deed Lots, as disbursed by the Alaska Native Land Claims Act. What a PITA! End up breaking down entire sections in order to provide an esement to run water and sewer to the property owners home! Then dealing with beaurocratic bozo's who don't seem to have a clue as to what is going on.
Better stop while I'm ahead, really frustrated with a couple that have drug on for years!!:pinch:
-JD-
I guess I should also explain why I'm asking. We on this board know that the best way is to base it on a ground survey. However, whether or not that is required by law has a big impact on the bid price.
We want to do them the right way, but the power line company may come back and say "no, that's too expensive. Why do we have to do that?". We would like to be able to say "becuase it's the law", but I'm not so sure it is. I thought maybe the fact that it is for overhead power lines might change things a little.
An opinion of the Ohio Board:
No requirement here in WA state to surveyor, that is to say, do field work in order to write a description for an easement. In fact, legal descriptions do not have to be prepared by an LS here. I'd prefer that the name be changed to "Land Description" anyway and be made part of the definition of Land Surveying...but that a bit off topic..
For the most part, I say just what payden cash said above!
Per the New Mexico Minimium Standards For Surveying
12.8.2.12 EASEMENT SURVEYING:
12.8.2 NMAC 4
A. When performing easement surveying, the surveyor shall use procedures in any field measurements which achieve the minimum accuracy standards in 12.8.2.16 NMAC.
B. If the easement does not run parallel to a boundary of the tract in which it is located, then the surveyor shall prepare a plat which shows the dimensions of the easement and conforms with Paragraphs (1), (2), (3), (4), (5) and (6) of Subsection J of 12.8.2.9 NMAC, and complies with one of the following:
(1) shows ties to record monuments at the beginning and ending of the easement and at least at every mile along the easement, or
(2) shows the coordinates of the beginning, ending and all angle points in accordance with the New Mexico coordinate system and shows the grid bearing and ground distance between said points, or
(3) shows ties to existing corners of a subdivision in which the easement is located.
C. These field procedures and subsequent plat preparation or legal description must be conducted under the responsible charge of a professional surveyor.
Bumping an ancient thread.?ÿ I found it to be really useful actually because I've wondered about this very thing for a while but kept forgetting to ask.
Idaho now requires monuments to be set and a record of survey filed for most easements.?ÿ There are exceptions to this rule such as following a platted lot line, the S 10' of Lot xxx, Block xxx.
Really? How recent is this? I was just working on an easement not in a platted subdivision and wasn't planning to do these things.
Years ago I had to deal with a 50 mile powerline easement which essentially said beginning at the power station in Township 15W Range 12 E Sec 3, through Townships xyz, abc @ +- S45?øW(across a State line) to the power station in Township 2WR15WSec15.?ÿ A 50 year old easement which was honored by all because it provided power to every commercial/municipal parcel it crossed.
Fast forward to 2000 and Mercedes Benz wanted to grade and develop 10 difficult hillside acres into a premier So.Cal. site.?ÿ I did the ALTA and noted the obvious high tension lines crossing the parcel with reference to the vague 50 year old easement. The client went ballistic and told me if I can't locate it it shouldn't be shown. I stood my ground and said it's an encumbrance that however vague must be shown.?ÿ Because of CPM they acquiesced, paid me, went to court and lost, and spent several hundred thousand dollars rerouting the powerlines.
Am I a hero or a bum?
?ÿ
IMVHO, I believe that every easement description or know how any other land survey can be described without being located from a known monument and described in a way that there can be only one certain location for the easement to exist.
0.02
It is truly a shame that easements are somehow thought of as being an inferior.?ÿ It makes no sense whatsoever that they be neglected so.?ÿ They should bear the full weight the same as a boundary description.
Playing with one right now that is three rods wide.?ÿ Nothing is said where those three rods are supposed to be.?ÿ Since it's a roughly 20-inch natural gas pipeline it would make sense to more carefully define where things are.?ÿ Of course, the assumption is that the pipeline, itself, is the center line of the easement.?ÿ But, that is not spelled out anywhere.?ÿ Based on where I believe the pipeline runs, and will confirm via DigSafe, it is too close to the property I am surveying for the erection of a water tower.
NC requires easements to be tied to surveyed boundary lines and, by extension of the definition of surveyed boundaries, physical monuments.?ÿ Public utility easements must be monumented or tied to monuments a minimum of every 2000'.?ÿ Our board requires a tie to NCSPCS if any portion of the surveyed area is within 2000' of a NCGS benchmark.
I was a little skeptical of the Grid tie requirement when I first moved down here from Maine.?ÿ I've learned to appreciate it now that more PLSs run GNSS receivers.?ÿ The only bad thing is that it takes the fun out of finding corners.
Allen,
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A survey is not required in Arizona.
