LEGAL EASE
by Shane Givens and Summer McWhorter

Dec. 19, 2012

Get that land survey!


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We deal with a lot of real estate here at the office. Many times, people come in angry because their neighbor is claiming their shared property line is not where it is supposed to be. At that point, I will ask them to let me see their survey in order to get a better idea of what we are talking about. Surprisingly, many people don't have one. Explanations vary from, “Everyone knows where the lines are out there,” to “My granddaddy took me out there when I was a boy and showed my exactly where our property ended.”

Not surprisingly, none of these explanations are extremely useful if a land-line dispute erupts and everyone ends up in court. The easy answer to these problems is simple: get a survey.

It is more and more amazing to me every day that people will be so careful about every investment they have, except land. For example, a reasonable person would never buy a car that had no title, registration, or proof of ownership. For some reason, however, when it comes to land, people are willing to trust that “everything is fine.”

This especially applies in situations where a person in purchasing land from friends or family, or has inherited land. I suppose most people feel it is a sign of distrust if you tell your friend or family member that you want to have the property surveyed to make sure you know where the boundaries are and if there are any encroachments from neighbors. The truth of the matter is, however, that in most situations, it has been so long since the property has been surveyed that the friend or family member you are purchasing the property from has no idea of the trouble that potentially lurks.

Another reason a buyer will not obtain a survey is because they think it costs too much and is a wasted expense. Admittedly, surveys can be expensive, especially on large tracts of land; however the costs and protection of a survey compared to the cost of the land is usually minimal. And if a survey does reveal unknown problems, it will probably be the best money you ever spent.

In the end, it is not a matter trust or cost, it is a matter of common sense. Usually, land is the biggest investment a person will have, so it makes sense to research that investment by getting a survey and a title search before you purchase the property, or when you inherit property. It is also a good idea to walk the surveyed lines of the property after they are established by a survey and make sure no one has a fence, or a garden, or anything else on your property.

If a person purchases or inherits property and doesn't take the necessary precautions, he could find himself in a property dispute with a neighbor. In fact, if that neighbor has a fence, or garden, or house, or anything else over the property line for long enough, he could take a portion of the property from you through adverse possession. That's when you really sit back and think “I wish I had gotten a survey.” 


This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to
givenslaw@tds.net.