Q. What are the types of surveys available for me?
A. There are three types of surveys performed on a property: Original, Retracement, and Surveyor Location Report (SLR).
Q. What is an Original Survey?
A. An Original Survey is defined by Indiana Statue as "a survey that is executed for the purpose of locating and describing real property that has not been previously described in documents conveying an interest in real property." This type of survey is commonly referred to as a "Split" and creates a new parcel of land.
Q. What is a Retracement Survey?
A. An Retracement Survey is defined by Indiana Statue as "a survey of real property that has been previously described in documents conveying an interest in real property. This type of survey is commonly referred to as a "Boundary Survey" or a "Staked Survey."
Q. What is a Surveyor Location Report?
A. A Surveyor Location Report is described by Indiana Statue as specifically "for use by a title insurance company with loan policies on small tracts containing a one (1) to four (4) family house even if now used for commercial purposes. A surveyor location report shall not be used for nonresidential tracts greater than two (2) acres." This type of survey is commonly referred to as an "SLR" or an "Unstaked Survey." An SLR will not establish the location of title lines and corners.
Q. What is an ALTA/ACSM Land Title Survey?
A. An ALTA/ACSM Land Title Survey is a survey that addresses "specific needs, peculiar to title insurance matters, which require particular information for acceptance by title insurance companies when said companies are asked to insure title to land without exception as to the many matters which might be discoverable from survey and inspection and not be evidenced by the public records." The American Land Title Association (ALTA) and National Society of Professional Surveyors, a member organization of the American Congress on Surveying and Mapping (ACSM), jointly established details and criteria for standards regarding these types of surveys. An ALTA/ACSM Land Title Survey will either be considered a Retracement Survey or an Original Survey. The Indiana Statute governing these two types of surveys will still be met when performing an ALTA/ACSM Land Title Survey.
Q. How much will my survey cost?
A. A surveyor may be willing to give an approximate cost for the project over the phone or in person based upon information provided during the discussion. However, it is important to understand the price is an estimate unless a fixed price is negotiated by a written contract or professional services agreement. The final cost of the survey is dependent on the type of survey requested and difficulties encountered in performing the requested services, which normally cannot be anticipated in advance. The survey cost is based upon the research time (the time required to obtain the necessary information, including recorded deeds and plats), the time required for site reconnaissance and data collection of the evidence as it exists on the ground, the time required to perform the necessary office calculations, analysis, and prepare the survey plat and surveyor's report, and the time required to monument the lines on the ground.
Q. Will the survey show me what I own?
A. No. Only the courts can determine ownership. A surveyor will give his/her professional opinion regarding public and quasi-public records and the physical evidence observed during the performance of the survey.
"While land surveying is often associated with engineering, the two professions are distinct. The evaluation of land surveying evidence is not a "science" in the sense that there is one procedure to follow which will yield the "correct" result. Surveyors occasionally disagree on the proper location of a boundary line; not necessarily because one surveyor measured better than the other, but more commonly because each surveyor has weighed the evidence differently and has formed a different opinion. Just as two lawyers may draw different conclusions from the same line of cases, surveyors may disagree about the appropriate location for a boundary. Being a professional opinion, a survey is subject to review by a court in the event that a boundary dispute reaches litigation." (Land Surveys: A Guide for Lawyers, National Book Network, Jun 1999, ISBN: 1570737428)
Q. What will the survey show me?
A. When conducting a retracement survey or an original survey, a registered land surveyor shall furnish the client with a written surveyor's report that, in addition to other pertinent data, identifies the type of survey, explains the theory of location applied in establishing or retracing the lines an corners of the surveyed parcel, and gives the registered land surveyor's professional opinion of the cause and the amount of uncertainty in those lines and corners because of the (a) availability and condition of reference monuments; (b) occupation or possession lines; (c) clarity or ambiguity of the record descriptions and the relationship of the lines of the subject tract with adjoiners' lines; and (d) the relative positional accuracy of the measurements. If a survey provided to you does not specifically identify and explain these items, contact the surveyor and request further discussion regarding the survey.
|
|
|