My wife and I are buying property in an unregistered neighborhood. The survey was preformed before underbrush was cleaned. But we are on a corner lot
Deed says property lines are 20 feet from center of road
Paperwork and map from surveyor say 30 feet from road
The three "from road" stakes are all different but one is 60 ft, one is 45ft and one is 52 ft
Do I go by deed, survey papers or physical markers?
I would present these questions to your surveyor who is familiar with the parcel.
They told us we have to pay for a new survey. I wanted to see about advice here before I go with a different company. I feel they cut corners (literally) when they did first job because of underbrush...
Is today April 1?
No this is all true.
The ruts of the driving lane of a rural and lesser maintained road is not always centered.
Sometimes they are not even in the roadway.
The important part of what you find on the ground and what your deed says is the measurement of the land itself.
A survey is being ask for to show deed related information, easement, usage and real property located around and on the property.
Responsibility of the providing of a survey (paying for) has always been a part of the negotiation in the purchase price and contract that spells out who is paying for what.
This is what I tell everyone that asks and is part law, my opinion from 45yrs surveying, and common sense.
The real facts are that your property is what is being represented by deed and seller and that you have road access on two sides as stated.
:gammon:
Oblivious, post: 343464, member: 10766 wrote: My wife and I are buying property in an unregistered neighborhood. The survey was preformed before underbrush was cleaned. But we are on a corner lot
Deed says property lines are 20 feet from center of road
Paperwork and map from surveyor say 30 feet from road
The three "from road" stakes are all different but one is 60 ft, one is 45ft and one is 52 ft
Do I go by deed, survey papers or physical markers?
Generally, the stakes control over the deed but not always.
A. Harris is correct, the travelled way in rural areas is often not centered in the road right of way.
Mr Oblivious, you are interesting. Your profile says you are licensed in Texas. Been Surveying long?
Oblivious, post: 343464, member: 10766 wrote: The survey was preformed before underbrush was cleaned.
Would you please email me a copy of the survey? If you want, you can just take a cell phone, or what you have, and stick the plat on a wall, or floor, and shoot the pic. We'd all like to see it. My email in my profile is good.
Surveyors are like that, ya know!
N
You say you have a survey. Is it a REAL land survey, stamped and signed by a licensed surveyor, with no disclaimer that it is only an inspection or such? Some places permit cheap inspection drawings as part of a transaction that can be confused with a real survey. Those cannot be relied on for details or proper research to back them up.
I would think that a professional surveyor who did a real survey would answer your questions as to why there are differences between their product and the deed. If it requires a lot of their time, then they might want to bill additional hours, but I'd be surprised if that cost as much as a new survey (again if they did a real survey to begin with).
The roadway could have been widened in the past so that there is a wider easement or a fee taking that reduced the parcel, and the deed description may start out with the older dimensions but somewhere there is an associated document that describes the change. A real survey with proper research would disclose this.
I am not a surveyor didn't realize it said I was. Found this forum on accident.
This is about auto parts, but we surveyors are similar. Need more info! Now, enjoy the poem!
The Parts Man Prayer
I work behind the counter
In an autoparts store
Sometimes I'm called a genius
Sometimes I'm called much more.
I say I'm no mechanic
But when their job goes sick
Everyone comes in and asks me
What makes the damn thing tick.
I'm supposed to know the number
Of nuts and bolts and gears
For every machine ever made
For more than a hundred years.
I'm supposed to have the answer
For everything unknown
To every Tom, Dick, and Harry
For all their questions thrown.
My life would be a pleasure
And I'd grin from ear to ear
If only they would tell me
Their Model, Make, Year
Amen
Bill93, post: 343478, member: 87 wrote: You say you have a survey. Is it a REAL land survey, stamped and signed by a licensed surveyor
The roadway could have been widened in the past so that there is a wider easement or a fee taking that reduced the parcel, and the deed description may start out with the older dimensions but somewhere there is an associated document that describes the change. A real survey with proper research would disclose this.
Yes i paid for a full survey and it is stamped
I will check with the county. The original plot was drawn in the 70s so the road easement most likely changed.
Thank y'all for your time,
Oblivious, post: 343464, member: 10766 wrote: My wife and I are buying property in an unregistered neighborhood. The survey was preformed before underbrush was cleaned. But we are on a corner lot
Deed says property lines are 20 feet from center of road
Paperwork and map from surveyor say 30 feet from road
The three "from road" stakes are all different but one is 60 ft, one is 45ft and one is 52 ft
Do I go by deed, survey papers or physical markers?
Quite often stakes along a roadway are on line. A corner lot may have 3 or 4 stakes along such a road, and the only stake that may be at an actual corner is the interior stake. Are you in fact measuring to the stakes on the ground or reading measurements off a map.
You paid for a full survey and an explanation of said survey requires a new survey does not compute. You/we are missing something.
Paul in PA
Bill93, post: 343478, member: 87 wrote: I would think that a professional surveyor who did a real survey would answer your questions as to why there are differences between their product and the deed. If it requires a lot of their time, then they might want to bill additional hours, but I'd be surprised if that cost as much as a new survey (again if they did a real survey to begin with).
I agree. Communicating (including answering questions) the results of your clients survey should be part of the duties of a surveyor conducting a survey. I think the Texas Board of Surveyors would agree with this assertion as well.
What is an "unregistered neighborhood?" Otherwise, I think Bill93 is on it. Inexpensive Mortgage Loan Inspections are often done around here, sometimes by me -- and real estate agents and lawyers insist on referring to them as "surveys." -- which they aren't, even though done and signed and sealed by a licensed land surveyor. Mine say "THIS IS NOT A BOUNDARY SURVEY, and is not suitable for any purpose requiring boundary determination." So do read the fine print.
Unrestricted.. I'm using my phone. Auto correct happens
When they did survey they placed the markers
Oblivious, post: 343502, member: 10766 wrote: When they did survey they placed the markers
What are the markers?
Pipe, rods, nails, lath ...your initial post said that they were not the same.
You may looking at traverse points, offset points etc.
I have had peeved landowners call me to say my 'marker' was wrong place when they were finding traverse points or offset points.
They drove rebarb into the ground and placed an orange cap on top for 3 marks one of the marks was supposed to be a pre existing pipe. But we found alot of scrap metal on that side of property when clearing. It is side that is farthest from road.
Not just in rural areas. I know a very $$$$$$ expensive subdivision overlooking Tucson where almost all of the physical street pavement is on an adjoining lot. The neighbor's drive is across the same lot, otherwise he would have a 45% slope to his garage.
