Well, there's a little more to it than that. First the woman who takes your order goes through courthouse records and finds your deed. That contains the legal description of your land. Then she goes through county records and finds the legal map of your neighborhood, called a plat. She also finds the flood zone you're in, from the Federal Emergency Management Agency, and if you're in an area that might flood, she find an elevation benchmark near your house. She does all that, and then schedules the field work.
Then the two guys of the field crew drive out to your property. We won't even mention what it costs to maintain and insure a company truck, but have you priced out professional liability insurance lately? The crew takes however long just to get to your property.
Then when you think they're just walking up and down the street, they're really looking for the markers that define the roads and your neighbor's property. The one's in the road get paved over periodically, and your neighbors hit theirs with lawn mowers, or take them out to put up fences, and put them back in very nearly the right place. It can be quite a trick to figure it all out. They measure where you and your neighbor's fences are, see if there any obvious encroachments there.
Then they measure where exactly your house is. That is, how far back from the property lines. That tells them if your house encroaches on any easements. They measure how big your house is. They measure all the concrete around the house, and in the yard. The concrete walks are frequently overgrown, making them hard to measure. They measure ponds and such too.
Every hedge right up against the fence need to be gotten through, and every flower right up against the house needs to be gotten around. The men are there for the homeowner, and are not allowed to do any damage what so ever. That makes for slow going. Dogs slow them down too. And people who talk to them slow them down the most.
As with anything else, it's the expertise and the time, not the brute force, that you pay for.
Top of Page.
My neighbor just had a survey done. The survey shows our fence as being well within my neighbor’s property; a couple of feet actually. The neighbor has only lived there for 3 years, and I've lived here for 25. When the old neighbor and I put up the fence, we put it right where the old one was, so altogether, the fence has been there for over 25 years. Do I have squatter’s rights to those 2 feet?
The legal question of adverse possession or squatter’s rights is a fairly complex legal issue that, among other issues will depend on where the property is located. Your legal rights with respect to adverse possession can best be addressed by your lawyer. Your lawyer may wish to engage a surveyor to accurately determine the location of the property boundary with respect to the fence or other improvements to the property so that you and your lawyer are aware of the extent of the problem.
But to re-phrase the question the way the judge might hear it, imagine saying this in court:
"Your Honor, 25 years ago I stole two feet of this man's land, and now he wants it back. Tell him it's mine, stolen fair and square, your honor". Then imagine hearing that 25 years of property taxes paid by him have been stolen by you, with interest. And criminal charges. And 25 years of property not paid by you constitute an additional, separate criminal property tax evasion. Good luck with that.
Top of Page.
How can two surveyors disagree on where a boundary is? What do you mean, opinion? I thought Surveying was mathematical?
The legal rights and interests in property are sometimes complex and span the expertise of both surveyor and lawyer. In these instances, it will be necessary for the surveyor to work together with the client’s lawyer, and as a team, they can best advise the client.
The science of measurement and data analysis is one of the important tools used by surveyors to express an opinion as to the location of property boundaries. When all the original deed dimensions are correct and all the property markers are in their correct location, then measurements and mathematics may be the most important tools in determining property boundaries. However, the major land settlement in Florida took place over 100 years ago, some with the benefit of survey, some without. Errors occasionally creep into deeds, documents are lost, original boundary markers are lost through reconstruction and in rare cases, unscrupulous individuals may move property markers or fences or alter documents to deliberately gain advantage. Surveyors must carefully research the history of the property and the physical evidence (property markers, fences, etc.) found in the field and resolve any conflicting information before expressing an opinion as to the location of a boundary. By relying on different evidence, surveyors may arrive at differing opinions as to the location of a boundary.
When differing surveys become known, the surveyors can often resolve the matter and issue new plans and reports. Where surveyors cannot resolve the issues, only a Court can make a final determination as the true location of a boundary.
Top of Page.
I have a copy of my survey, but it’s been copied so many times, I can't read it very well.
There are many reasons why you may be refused a copy of a survey. Survey drawings are not a ‘product’ bought and sold by surveyors. Survey drawings are a communication tool used by the surveyor to express their professional opinion as to the location of property boundaries or other aspects of a property.
The information on the plan is specific to a certain time and for the specific purpose of the surveyor’s client. The information on the plan may be ‘out of date’ or may not be sufficient for current needs. For instance, a one-year-old survey for new construction is usually completed before the building is completed or the site graded. As such, it may not illustrate many important aspects of the improvements to the property such as building overhangs, fences, driveways, overhead utility lines, etc. These features can be critical to the current needs of the property owner.
Plans may also contain information that is confidential to the surveyor’s original client. By providing new copies of plans, the surveyor may be accepting additional liability for his / her professional opinions and is entitled to reimbursement for that new risk.
Top of Page.
I just caught some surveyors snooping around my backyard. When I confronted them, they said they had a right to be there. Is this true?
Florida law does allow a surveyor, or a person in the surveyor’s employ to enter and pass over the land of any person at any time, or to enter into a building, at a time suitable to the occupant. However, the surveyor is responsible for any damage resulting from his or her actions.
Of course it is preferable to contact the owner or occupant before entering a property. This is not always possible or practical, and the surveyor may have to complete the work without advising the owner. Surveyors or their employees are expected to identify themselves or provide contact information for the surveyor if requested to do so.
Top of Page.
I just had a survey done, and it's wrong. The surveyor says he/she won't fix it and I'm not paying until it's right!
As with any profession, if a property owner believes that the opinion of a particular professional is in error, they are fully entitled to obtain a second opinion.
However, where the client disputes the results of the survey and consequently does not wish to pay for the survey, this dispute must be resolved between surveyor and client, the courts, etc.
Measurement is not always the most important tool in determining property boundaries. The major land settlement in Florida took place over 100 years ago, some with the benefit of survey, and some without. Errors occasionally creep into deeds, documents are lost, original boundary markers are lost through reconstruction and in rare cases, unscrupulous individuals may move property markers or fences or alter documents to deliberately gain advantage. Surveyors must carefully research the history of the property and the physical evidence (property markers, fences, etc.) found in the field and resolve any conflicting information prior to expressing an opinion as to the location of a boundary.
I live at 123 Any Street, and I was wondering if I could buy a copy of the survey for this house.
There are many reasons why you may be refused a copy of a survey plan. Survey plans are not a ‘product’ bought and sold by surveyors. Survey plans are a communication tool used by the surveyor to express their professional opinion as to the location of property boundaries or other aspects of a property.
The information on the plan is specific to a certain time and for the specific purpose of the surveyor’s client. The information on the plan may be ‘out of date’ or may not be sufficient for current needs. For instance, a one-year-old survey for new construction is usually completed before the building is completed or the site graded. As such, it may not illustrate many important aspects of the improvements to the property such as building overhangs, fences, driveways, overhead utility lines, etc. These features can be critical to the current needs of the property owner.
Plans may also contain information that is confidential to the surveyor’s original client. By providing new copies of plans, the surveyor may be accepting additional liability for his / her professional opinions and is entitled to reimbursement for that new risk.
I want to build a deck, but they tell me I need an up-to-date survey in order to get a building permit.
There are many reasons why you may be refused a copy of a survey plan. Survey plans are not a ‘product’ bought and sold by surveyors. Survey plans are a communication tool used by the surveyor to express their professional opinion as to the location of property boundaries or other aspects of a property.
The information on the plan is specific to a certain time and for the specific purpose of the surveyor’s client. The information on the plan may be ‘out of date’ or may not be sufficient for current needs. For instance, a one-year-old survey for new construction is usually completed before the building is completed or the site graded. As such, it may not illustrate many important aspects of the improvements to the property such as building overhangs, fences, driveways, overhead utility lines, etc. These features can be critical to the current needs of the property owner.
Plans may also contain information that is confidential to the surveyor’s original client. By providing new copies of plans, the surveyor may be accepting additional liability for his / her professional opinions and is entitled to reimbursement for that new risk.
I want to build a fence. How can I find the bars on my property?
Property boundaries may only be established by a licensed Florida Land Surveyor. Survey monuments are not always set directly on property corners, and may be displaced by construction activities or even by unscrupulous neighbors. If you rely on your own location, or that of an unlicensed surveyor, you are assuming all of the risk. An accurate location of your boundaries may avoid a potentially costly dispute resulting from the improper location of a fence or other structure. Only licensed Florida Land Surveyors are required to carry professional liability insurance to protect the public if an error should occur. Having an Florida Land Surveyor locate your boundaries is a worthwhile expense when compared to the cost of moving a fence, or having a neighbor take you to court.
I was just down at the local Building Department, and they won't give me a copy of my survey!
There are many reasons why you may be refused a copy of a survey plan. Survey plans are not a ‘product’ bought and sold by surveyors. Survey plans are a communication tool used by the surveyor to express their professional opinion as to the location of property boundaries or other aspects of a property.
The information on the plan is specific to a certain time and for the specific purpose of the surveyor’s client. The information on the plan may be ‘out of date’ or may not be sufficient for current needs. For instance, a one-year-old survey for new construction is usually completed before the building is completed or the site graded. As such, it may not illustrate many important aspects of the improvements to the property such as building overhangs, fences, driveways, overhead utility lines, etc. These features can be critical to the current needs of the property owner.
Plans may also contain information that is confidential to the surveyor’s original client. By providing new copies of plans, the surveyor may be accepting additional liability for his / her professional opinions and is entitled to reimbursement for that new risk.
My neighbor has cut down my hedge and says that he had a survey done and the surveyor said that the hedge was actually on his property
We cannot advise property owners as to their specific property boundaries without performing our own survey. It is necessary to employ a surveyor to research the issues and prepare the appropriate survey and report. The legal rights and interests in property are sometimes complex and span the expertise of both surveyor and lawyer. In these instances, it will be necessary for the surveyor to work together with the client’s lawyer, and as a team, they can best advise the client.
The science of measurement and data analysis is one of the important tools used by surveyors to express an opinion as to the location of property boundaries. When all the original deed dimensions are correct and all the property markers are in their correct location, then measurements and mathematics may be the most important tools in determining property boundaries. However, the major land settlement in Florida took place over 100 years ago, some with the benefit of survey, some without. Errors occasionally creep into deeds, documents are lost, original boundary markers are lost through reconstruction and in rare cases, unscrupulous individuals may move property markers or fences or alter documents to deliberately gain advantage. Surveyors must carefully research the history of the property and the physical evidence (property markers, fences, etc.) found in the field and resolve any conflicting information before expressing an opinion as to the location of a boundary. By relying on different evidence, surveyors may arrive at differing opinions as to the location of a boundary.
When differing surveys become known, the surveyors can often resolve the matter and issue new plans and reports. Where surveyors cannot resolve the issues, only a Court can make a final determination as the true location of a boundary.
My Neighbor just built a fence on my property and says that he had a survey done and the surveyor said that it is his property.
We cannot advise property owners as to their specific property boundaries without performing our own survey. It is necessary to employ a surveyor to research the issues and prepare the appropriate survey and report. The legal rights and interests in property are sometimes complex and span the expertise of both surveyor and lawyer. In these instances, it will be necessary for the surveyor to work together with the client’s lawyer, and as a team, they can best advise the client.
The science of measurement and data analysis is one of the important tools used by surveyors to express an opinion as to the location of property boundaries. When all the original deed dimensions are correct and all the property markers are in their correct location, then measurements and mathematics may be the most important tools in determining property boundaries. However, the major land settlement in Florida took place over 100 years ago, some with the benefit of survey, some without. Errors occasionally creep into deeds, documents are lost, original boundary markers are lost through reconstruction and in rare cases, unscrupulous individuals may move property markers or fences or alter documents to deliberately gain advantage. Surveyors must carefully research the history of the property and the physical evidence (property markers, fences, etc.) found in the field and resolve any conflicting information before expressing an opinion as to the location of a boundary. By relying on different evidence, surveyors may arrive at differing opinions as to the location of a boundary.
When differing surveys become known, the surveyors can often resolve the matter and issue new plans and reports. Where surveyors cannot resolve the issues, only a Court or a Boundaries Act tribunal can make a final determination as the true location of a boundary.
Why do I need a survey? What good is it? What’s it for?
The fundamental purpose of all surveys is to provide property owners with an accurate determination of the size and shape (dimensions) of their property, setting property markers on the corners and reporting on the position of improvements (buildings, etc.) made to the property, particularly with respect to improvements such as fences near the property boundaries. Under the laws of Florida, only a licensed Florida Land Surveyor may provide you with this information. A survey is often required by property owners who wish to make changes to their property (add a building, build a fence, etc.) or simply wish to have knowledge of the conditions of their property.
Some other circumstances where surveys may be required are:
Buying or selling a property or part of a property;
Mortgaging a property;
Property redevelopment such as a subdivision, condominium, etc.;
Construction of new buildings, fences, hedges, etc.
Boundary disputes.
Top of Page.
I want a new fence. My neighbor already has one. Do I need a survey?
I have a question. I want to install a fence around my back yard here in Florida. My neighbor, on one side, installed a fence between our properties which is not straight and meanders between both properties along the fence line. My neighbor had a boundary survey on Tuesday, and he had sent me a note stating that he had a certified survey which states the fence between our properties is not on my property.
I question this certificate, as my survey certificate only confirms my property boundaries and does not specifically state whether a section of fence on a specific property is on one side or another. Wouldn’t a fence-staking or special purpose survey have to be conducted to determine this? Thank you,Dan
When a person pays to put up a fence, he usually puts it on his own property. This keeps him in control of his fence. It also adds to the value of his own property, rather than his neighbor's property. When a person gets a permit to put up a fence, the government insists he put it on his own property. He has no right to put it on anyone else's property.
His fence was almost undoubtedly intended to be on his property, not yours.
The reason for the fence being skewed could be to avoid trees that may or may not be there now. It could be to avoid underground wires he knew about and didn't want to disturb. It could be the installer didn't have a string line to make it straight. Could be a lot of things.
If the fence is on his property, it should show up on his survey, like he says it does. If the fence is not on your property, it may not show up on your survey, like you noticed.
But to answer your answer your question, yes, you need to hire us. We're experts at just exactly this sort of thing. We can survey to determine where your neighbor's fence is, how many feet of fence you need, whether you're messing with any easements or not, and help you get the necessary permits. We can stake the fence line out for you to help get it in the right place, and give you a survey afterward to certify every thing's okay, like your neighbor did.
Don't hire any of our competitors, we're better than any of those guys.
Top of Page.