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	<title>LandThink &#187; Survey</title>
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	<description>Get Land Smart for Land Investors, Land Professionals &#38; Land Owners &#124; LandThink</description>
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		<title>Maximize Your Rural Property Sale in 5 Easy Steps</title>
		<link>http://www.landthink.com/maximize-your-rural-property-sale-in-5-easy-steps/</link>
		<comments>http://www.landthink.com/maximize-your-rural-property-sale-in-5-easy-steps/#comments</comments>
		<pubDate>Fri, 25 Feb 2011 13:40:52 +0000</pubDate>
		<dc:creator>Jay Frazier</dc:creator>
				<category><![CDATA[Marketing]]></category>
		<category><![CDATA[Conservation Reserve Program (CRP)]]></category>
		<category><![CDATA[Easements]]></category>
		<category><![CDATA[Government Programs]]></category>
		<category><![CDATA[Home Inspection]]></category>
		<category><![CDATA[Managed Forest Law (MFL)]]></category>
		<category><![CDATA[Survey]]></category>
		<category><![CDATA[Title Search]]></category>

		<guid isPermaLink="false">http://www.landthink.com/?p=1769</guid>
		<description><![CDATA[There is really no lack of information on how to prepare your home for sale. In fact, when I recently Googled the subject I got over 51,500,000 results. Yes, that’s over fifty-one million!]]></description>
			<content:encoded><![CDATA[<p><img class="alignnone size-full wp-image-1785" title="Maximize Your Rural Property Sale in 5 Easy Steps" src="http://www.landthink.com/wp-content/uploads/maximize_rural_property_sale.jpg" alt="Maximize Your Rural Property Sale in 5 Easy Steps" width="576" height="200" /></p>
<p>There is really no lack of information on how to prepare your home for sale. In fact, when I recently Googled the subject I got over 51,500,000 results. Yes, that’s over fifty-one million! While de-cluttering your closets and painting in neutral colors applies to all homes, country properties can create their own unique challenges. I was reminded of this in a recent transaction when it seemed that everything that could go wrong did, along with some things that I could only imagine. How could the deceased relative of a neighbor affect a sale of a property? Well he did and I now have more gray hair- but that’s a story for another day! In my time as a rural property agent I’ve seen a variety of issues kill or derail a transaction which could have been avoided with a bit of preparation. Following are 5 things you can do to give your property the edge over the competition, and help you pocket top dollar at closing.</p>
<p><strong>1. Consider a property survey.</strong> A survey is usually a good idea (in many cases it’s required) if you will be splitting an existing property. Even if you aren’t splitting a parcel, a survey can expose issues that may then be cleared up before a buyer becomes involved. Survey markers also give a sense of security to buyers as they “know” what they’re buying. If you are going to split your property, a consultation with an experienced land agent can be a good idea. Their experience working with buyers can give you valuable insight on where to split the parcel to make it the most desirable. At times just an acre or two one way or the other can mean the difference between a quick profitable sale and a property that stays on the market for years. Your agent can also put you in contact with the proper officials to determine if the zoning is correct for the parcel size you want to create. Be aware that just because you create parcels, doesn’t mean it’s automatically rezoned to allow a residence.</p>
<p><strong>2. Easements:</strong> These seemingly simple documents have the potential to cause more stress than just about any other single detail in a sale. The reason is simple. While most other facets of the transaction are negotiated between the buyer and seller, the easement often involves a third party which has no incentive to be cooperative with proposed changes. That doesn’t mean that you have to despair if you have an easement associated with your property. What I recommend to my clients is that they consider reviewing the easement with an attorney early in the sale process. Many of the older easements that I see in my business are critically vague and will be rejected by a buyer’s attorney leading to a lot of frustration before it’s resolved. Some things that most buyers will want to see on an easement are the width, length, legal description of easement centerline (determined by the survey), whether it is exclusive or non exclusive (others may use it), and whether it’s transferable. Other things may be added based on the situation. A maintenance agreement showing who is responsible for any maintenance on the easement may also be required especially if more than one party has use of it. A poorly written easement has the potential to be a deal breaker, but having an attorney update it before a buyer becomes involved can save the day.</p>
<p><strong>3. Government Programs:</strong> When you’re preparing to sell your land, don’t overlook any government programs associated with the property such as Managed Forest Law (MFL) or Conservation Reserve Program (CRP) acres. These and other government programs will affect how a buyer is able to use the property so be sure to disclose them in a timely manner. Having a copy of the contract for the buyer to review will be appreciated and give them the information they need to make an offer while they are still excited about the property. Also, get a copy of any applicable development bylaws and building covenants. Having these readily available allows your agent to forward them to the buyer before an offer is made to help avoid costly surprises later.</p>
<p><strong>4. Title Search:</strong> Here’s a scenario that you don’t want to experience: You have an accepted offer, the home inspection went well, and approval for financing is looking good. Then the title search reveals a surprise that derails the train. While most “surprises” can be resolved, there may be a few days of nail biting before the train gets back on the rails. Most of these surprises can be avoided by getting a preliminary title search at the time of listing. When you order a title search, the title company will conduct a comprehensive search of public records, maps, and documents to disclose any recorded easements, liens and encumbrances. If any potential deal breakers are uncovered, you can get them resolved before an offer is written.</p>
<p><strong>5. Home Inspection:</strong> This last tip holds true for any property with a residence but especially for rural homes. Talk to your agent about getting a home inspection at the time of listing. The inspection is generally done after the offer is made, but completing it up front allows you to repair any defects before a buyer sees the house so you can negotiate with confidence knowing that everything is as it should be.</p>
<p>The good news is that sellers often don’t follow these suggestions and their sale is completed anyway. On the other hand, in a buyers market like we’re experiencing now, being prepared can not only add value but help your rural property stand out in the crowd. Taking care of these things ahead of time could very well mean the difference between a sold sign by the driveway and the disappointment and frustration of an offer that falls apart at an inopportune time.</p>
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		<item>
		<title>Landowners, Here&#039;s What to Expect at a Listing Appointment</title>
		<link>http://www.landthink.com/landowners-heres-what-to-expect-at-a-listing-appointment/</link>
		<comments>http://www.landthink.com/landowners-heres-what-to-expect-at-a-listing-appointment/#comments</comments>
		<pubDate>Wed, 23 Sep 2009 13:00:40 +0000</pubDate>
		<dc:creator>Jonathan Goode</dc:creator>
				<category><![CDATA[Land Brokers]]></category>
		<category><![CDATA[Asking Price]]></category>
		<category><![CDATA[Deed]]></category>
		<category><![CDATA[Listing Agreement]]></category>
		<category><![CDATA[Listing Appointment]]></category>
		<category><![CDATA[Survey]]></category>
		<category><![CDATA[Timber Cruise]]></category>

		<guid isPermaLink="false">http://www.landthink.com/?p=1283</guid>
		<description><![CDATA[Now that you've decided to sale your land and to use a land agent to help you market your property, you will usually need to meet with them at your tract.]]></description>
			<content:encoded><![CDATA[<p><img class="size-full wp-image-1286 alignright" title="Landowners, Here's What to Expect at a Listing Appointment" src="http://www.landthink.com/wp-content/uploads/listing_appointment.jpg" alt="Landowners, Here's What to Expect at a Listing Appointment" width="230" height="200" />Now that you&#8217;ve decided to sale your land and to use a land agent to help you market your property, you will usually need to meet with them at your tract. Here are a few things you can expect and plan for to make your meeting more beneficial.</p>
<p><strong>1. Bring copies of documentation for your property.</strong> A listing agent will need a copy of the deed of record, a plat map, current survey, timber cruises, mineral or hunting leases, tax records, septic system permits, and other assorted documents which provide information about your property. Other items that may be helpful are harvest records of wildlife and pictures of game taken or observed, enlarged aerial maps of the property, timber stand maps, documentation about historical structures or occurrences on the land.</p>
<p>Recently I met with a landowner at his property, and he had already filled out a sheet with all of his contact information, age of the home, number of food plots and shooting houses on the property. He listed the names of all of the utility companies that serviced his land, the bank through which the land was financed, and several other helpful pieces of information. This was a pleasant surprise and has proven to be very helpful at recent showings.</p>
<p><strong>2. Be prepared to show the property to the agent.</strong> It is helpful if the owner, who in many cases knows more about the land than anyone, can help the agent identify key areas of interest throughout the property, boundary lines, and information about the age of timber, etc&#8230; All of this allows the agent to have a better understanding of your property and will be able to present it well to prospective buyers.</p>
<p><strong>3. Finalize the asking price and terms at which you are offering the land.</strong> A good agent will generally not give you a hard listing price over the phone, but may suggest some ranges of what land in your area is selling for. You can decide in advance whether you want to offer owner financing, retain mineral rights, reserve an easement if needed, and other issues such as these. The agent will provide you with an Estimated Net Sheet to provide an estimate of the amount you will walk away with after the completion of the transaction. I generally try to figure a &#8220;worst-case scenario&#8221; of closing costs on the net sheet to give a more realistic expectation of monies to be retained.</p>
<p><strong>4. Keys</strong> to outbuildings, homes, and gates should be given to the agent at this time.</p>
<p><strong>5. Sign the listing agreement.</strong> The listing agreement generally gives the brokerage company the exclusive right to sell and market your company. A land agent earns their money by marketing your property and bringing a buyer to suit your needs. The listing agreement gives the agent a reasonable expectation of being able to recoup the money he is going to invest in marketing your tract. The listing contract on land will generally be 6 months to 1 year, as land takes a little longer on average to sell than residential property.</p>
<p>Land brokerage companies will generally charge a commission fee of 4% to 10% depending on the size and sale price of the property. A discount broker may charge you less money, but the marketing of your land may suffer because the agent does not feel like they can afford to outlay much money on it. 10% seems a little steep, but on smaller parcels of rural land an agent may legitimately feel they need that much to make it worth their time. Commissions may be negotiable with the agent, so feel free to ask if they will move on the percentage. All of my personal listings are at the same percentage of commission because in order to provide the best service I cannot skimp on the quality of marketing, so that each property has the best opportunity to attract qualified buyers. Landowners can be sure they are getting my best deal and best effort on each property they list with me.</p>
<p>By preparing for the listing appointment and having helpful information ready for your agent, the land agent will be able to provide you with better service and potentially a quicker, more successful sale.</p>
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		<item>
		<title>Does a buyer need a survey for country property?</title>
		<link>http://www.landthink.com/does-a-buyer-need-a-survey-for-country-property/</link>
		<comments>http://www.landthink.com/does-a-buyer-need-a-survey-for-country-property/#comments</comments>
		<pubDate>Tue, 16 Jun 2009 13:01:55 +0000</pubDate>
		<dc:creator>Curtis Seltzer</dc:creator>
				<category><![CDATA[Due Diligence]]></category>
		<category><![CDATA[Exclusive]]></category>
		<category><![CDATA[Deed-mapper]]></category>
		<category><![CDATA[Survey]]></category>
		<category><![CDATA[Surveyor]]></category>

		<guid isPermaLink="false">http://www.landthink.com/?p=1191</guid>
		<description><![CDATA[The question in the title of this column can be answered in the following way: yes, no and maybe. It depends on the circumstances.]]></description>
			<content:encoded><![CDATA[<p><img class="size-full wp-image-1192 alignright" title="Does a buyer need a survey for country property?" src="http://www.landthink.com/wp-content/uploads/surveyor.jpg" alt="Does a buyer need a survey for country property?" width="230" height="200" />The question in the title of this column can be answered in the following way: yes, no and maybe. It depends on the circumstances.</p>
<p>A <em>recorded</em> survey done after 1950  &#8212; to choose an arbitrary date &#8212; by a <em>licensed</em> surveyor should prove to be accurate and competently done. Earlier ones may also be just fine. The drawing produced by the surveyor will reflect the boundary description as set forth in the owner’s deed with whatever corrections were necessary. The acreage enclosed should be a trustworthy number. The older the survey, the more vague and error-prone they’re likely to be.</p>
<p>A survey sets forth the legal description of a property, using a drawing to locate boundaries and other important features like waterways, improvements, fences, roads, easements and encroachments. Some real-estate transactions require recorded surveys, which would typically be the seller’s responsibility.</p>
<p>A deed’s boundary description may contain an error. Some are simple matters of mistakes in copying, but others are serious and substantial. The surveyor should catch errors of both types.</p>
<p>If no survey is available, the buyer needs to have a surveyor examine the legal description of the boundaries and plot the calls to check for errors in acreage and location, among other things.</p>
<p>The surveyor is likely to use a <strong>deed-mapper computer program</strong> to draw the deed’s boundaries on a topographical map as well as plain paper. The program will calculate acreage contained within the drawn boundaries. It will also determine whether the deed’s calls close. If either acreage or closure is off, something is wrong with the boundary description. At that point, the surveyor will need to research the chain of past deeds to find the error.</p>
<p>A buyer should not need to repeat a recent recorded survey.</p>
<p>Buyers should be wary of unrecorded surveys. A conceptual drawing showing division lines even those marked on the ground is not a survey. A computer-generated map of boundary lines is not a survey.</p>
<p>A buyer can hire a surveyor to run the deed descriptions through the deed-mapper program without having to pay for a full survey. I’ve often seen deed-mapper plots reveal that the acreage enclosed by the deed’s boundary description is either more or less than the acreage figure set forth in the deed.</p>
<p>The seller may or may not be aware of a discrepancy between the acreage the deed specifies and the acreage the deed’s description actually contains when plotted.</p>
<p>Assuming that the acreage described in the deed matches the acreage figure used in the deed, the next task that a surveyor can perform is to walk <strong>the property’s functional boundaries</strong> to determine whether the boundaries in the deed line up with the boundaries on the ground. This is not a field survey, in which the surveyor uses his instruments to shoot and measure every deed call.</p>
<p>A walk-around, usually done with boundary lines drawn on a topographical map and a copy of the deed description, is a quick look to determine agreement between deed and dirt, and whether any encroachments exist. The most common encroachment is a fence line that either fences out property belonging to the seller or fences in property that does not belong to him.</p>
<p>I advise clients to have a surveyor plot a deed before submitting a contract offer. The next step, if warranted, would be a walk-around. If problems exist in the deed or on the ground, these two tasks will reveal them.</p>
<p>I advise buyers against agreeing to split the cost of a survey as part of their due diligence during escrow. I always suspect that the seller who wants to share a survey’s cost is, at best, trying to finagle the buyer into paying half the cost of what needs to be done on the seller’s nickel, and, at worst, hook the buyer into a deal by getting him to invest his money in the seller’s property.</p>
<p>Surveyors may give cost estimates for a full-scale field survey at a fixed price, but I’ve generally found that they bill either on an hourly basis or more commonly at a fixed rate per foot.</p>
<p>It should not be necessary to pay for a survey as part of a buyer’s due diligence, but I have found numerous properties with boundary issues that a surveyor or a consulting forester has discovered for me in mapping out the boundaries and/or doing a walk-around.</p>
<p>If you do find it necessary to have a survey done, make sure it includes marking the boundaries on the ground. Some surveyors consider this an add-on task.</p>
<p>I think the best policy is to have a surveyor indicate on the survey any encroachments, but some may disagree. A buyer can point out an encroachment to the seller and ask that he resolve it to the buyer’s satisfaction. This requires a contingency in the contract that provides for the buyer at his expense to undertake a survey check (deed-mapper run) and the agreement of the seller to get it fixed.</p>
<p>When the buyer discovers during his research that the seller will be selling more land than the acreage number in the deed, should he reveal this to the seller? If the seller is competent, I would say no. If the actual acreage is short of the deed-specified acreage, I certainly would point it out, because the asking price is pegged to an inflated acreage number.</p>
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		<item>
		<title>What is the property that is being sold, and how do you know?</title>
		<link>http://www.landthink.com/what-is-the-property-that-is-being-sold-and-how-do-you-know/</link>
		<comments>http://www.landthink.com/what-is-the-property-that-is-being-sold-and-how-do-you-know/#comments</comments>
		<pubDate>Tue, 25 Nov 2008 14:43:42 +0000</pubDate>
		<dc:creator>Curtis Seltzer</dc:creator>
				<category><![CDATA[Contracts]]></category>
		<category><![CDATA[Exclusive]]></category>
		<category><![CDATA[Acre]]></category>
		<category><![CDATA[Acreage]]></category>
		<category><![CDATA[Deed]]></category>
		<category><![CDATA[Survey]]></category>
		<category><![CDATA[Tax Map]]></category>

		<guid isPermaLink="false">http://www.landthink.com/?p=138</guid>
		<description><![CDATA[Both sellers and buyers need to understand what is being sold. When a seller lists property with a broker or advertises as a FSBO, he should establish both the nature of his ownership and its extent.]]></description>
			<content:encoded><![CDATA[<p><strong>Both sellers and buyers need to understand what is being sold.</strong></p>
<p>When a seller lists property with a broker or advertises as a FSBO, he should establish both the nature of his ownership and its extent.</p>
<p>Real-estate law conceptualizes property as a bundle of rights. A seller may be selling all his rights in a property or just some, with or without limitation in either case.</p>
<p>One or more rights can be severed&#8211;sold, leased or given away. A common severance involves separating subsurface minerals from the surface. In some states, where surface is owned by one party and subsurface by another the situation is referred to as a “split estate.”  I’ve evaluated properties where ownership of timber, water and wind have been separated from the bundle of surface rights being sold.</p>
<p>The sale, lease or donation of rights in property should be recorded. Most mineral sales and leases are, but I’ve found sales of timber rights not recorded and not disclosed.<span id="more-138"></span></p>
<p>A complete bundle of rights in property is referred to as “fee simple absolute.” The shorthand is, property “owned in fee.” Where subsurface rights have been severed from surface rights, that property is not being sold in fee.</p>
<p>A buyer may discover that different subsurface rights were sold to different entities. In the worst case, different parties could own the discrete rights to a property’s oil, shallow gas, deep gas, coal, coal-bed methane, hard-rock minerals, clay and water.</p>
<p>States differ in their views of the rights that surface owners retain when the owner of the subsurface rights wants to explore, drill or mine. Some states require some form of surface-owner consent. Other states more or less don’t.</p>
<p>In addition to determining which rights are included in the seller’s bundle, both the seller and buyer must understand what limitations apply, if any, to one or more of the rights to be conveyed from seller to buyer.</p>
<p>The right of exclusive possession, for example, would be limited by a neighbor having a legal right to cross your property to get to his. Life estates and hunting leases are other common limitations.  A neighbor also limits the seller’s rights if he owns the right to tap the seller’s spring, pick some of his apples or dig gravel from his pit. Those limitations run with the land.</p>
<p>The purchase-offer contract needs to state whether the property is being purchased and conveyed in fee, subject only to limitations of record. If the seller cannot convey this way, all the exceptions need to be identified and understood by the buyer.</p>
<p>A buyer may need to state that all unrecorded easements, limitations, licenses (permission to use) and similar understandings of any kind end upon the sale of the property.</p>
<p><strong>How much land is being sold?</strong></p>
<p>Most purchase contracts start with an identification of the property the seller is selling and the buyer is buying. That should be simple enough. But it often isn’t.</p>
<p>A common way to describe the seller’s property is to write language in the contract that states the buyer is buying the same property that the seller bought from his immediate predecessor in title. The property is usually not described in detail, but is referred to as that which is described in the seller’s recorded deed, Deedbook __,</p>
<p>Page __ , found in the Clerk’s Office in the County where the property is located. An acreage number may or may not be included. Sometimes that’s good enough.</p>
<p>The first property I ever bought did not include an acreage figure in the deed. The agent told me it had 100 acres. It turned out to have 60. I didn’t know enough to know that a deed should contain an acreage figure. I was 25, which explained many other things at that time as well.</p>
<p>I believe that both parties need an accurate understanding of the dimensions and area of the property over which they’re bargaining.</p>
<p>While property ownership is properly conceptualized in three layers (subsurface, surface and above-surface), the primary concern is the two-dimensional surface area to be sold, expressed in square feet or acres.</p>
<p>An acre is 43,560 square feet.  A square acre has almost 209 feet on each side. This area was thought to represent the amount of land one man could plow in one day with one ox.</p>
<p>Acreage is measured as if it were perfectly flat. The hillier the property, the more surface area it actually contains. A surveyed acre should always contain at least one acre, never less, but often more owing to topography.</p>
<p>The seller will say to a buyer directly or through a broker how many acres he is selling. He may express this in one of the following ways:</p>
<ul>
<li>100 acres</li>
<li>100 acres, by recorded survey</li>
<li>100 acres, by deed</li>
<li>100 acres, by tax map</li>
<li>100 acres, by remainder</li>
<li>100 acres, more or less</li>
</ul>
<p>The first of these &#8212; 100 acres &#8212; fails to specify how acreage size was determined. While it may be perfectly accurate, it is essentially not much more than the seller’s opinion. It is, however, specific, and it does not protect the seller by adding more or less, plus or minus, or approximately.</p>
<p>The second &#8212; 100 acres, by recorded survey &#8212; is almost always the most accurate acreage number that can be obtained, assuming the survey was performed by a licensed surveyor since WW II. The survey should be signed, dated, sealed with the surveyor’s license and recorded. All rural properties were surveyed at some point during the last 400 years, but those surveyed after WW II are likely to be more trustworthy than earlier ones as a general rule.</p>
<p>The third &#8212; 100 acres, by deed &#8212; reveals the source of the acreage number, but says nothing about the accuracy of that number. Deeds can contain different types of errors that misstate acreage. Deed acreage may or may not be the same amount that a surveyor would find either in the field or if the deed’s measurements were plotted out.</p>
<p>The fourth &#8212; 100 acres, by tax map &#8212; is an unreliable measurement, though it may be perfectly accurate in any particular case. Tax-map acreage comes from various sources—deeds, owners, surveys and something I call, “adjustments by negotiation and complaint.” Sometimes a seller will run a planimeter over a tax map or other map-like document to come up with an acreage number.</p>
<p>Tax-maps probably err on the side of undercounting acreage, because owners have a financial self-interest in understating the size of their holdings in order to pay less property tax. But I’ve seen tax-maps that overstate acreage. If a seller is selling acreage by tax map, I would suspect that he knows that it overstates actual acreage.</p>
<p>The fifth &#8212; 100 acres, by remainder &#8212; is an acreage figure that is arrived at by subtraction. An original large tract is divided over the years, and whatever acreage appears to be left numerically in the seller’s possession is the remainder acreage. A remainder tract may incorporate an acreage number in the seller’s deed. Both parties need to confirm a remainder number.</p>
<p>The sixth &#8212; 100 acres, more or less &#8212; is quite common. “More or less” was originally intended to account for relatively small errors in linear measurements or compass directions that were produced primarily by the relative crudeness of the surveyor’s instruments. My impression is that it has come to be used legally to cover a much wider range of acreage variation, to protect sellers against claims of fraud.</p>
<p>One hundred acres, more or less, could be 100 acres on the dot, or 10 or more acres, plus or minus.</p>
<p>The quickest and cheapest way I know for a seller or buyer to determine acreage is to pay a surveyor to run the seller’s boundary description (metes and bounds or government survey numbers, depending on the system) through the deed-mapper program in his computer.</p>
<p>This program will plot out boundaries on plain paper or a scaled topographical map. It also calculates acreage contained within those boundaries and determines whether “the calls close.”  Calls should close, that is, the boundary line starting from a beginning point should end up at the same point after plotting all the calls. Calls that don’t close by a lot indicate a problem, which may be either minor (a transposition or transcription error in a number) or major.</p>
<p>The calls will come from a deed or a survey where the calls are drawn next to the boundary lines.</p>
<p>Once the deed-mapper program has plotted the boundary lines, it’s usually worth paying the surveyor to walk the lines on the ground to make sure of the following:</p>
<p>That the calls in the deed or survey match up with the boundary lines as found in the field;</p>
<p>That the property in the field is located where the property on paper (deed or survey) says its supposed to be located. Sometimes property boundaries can “drift” in one direction or another. The boundary lines are perfectly accurate, but the whole property is lined out in the field say one degree west of where it should be.</p>
<p>That the functional boundaries (fences, roads) in the field line up with the boundaries in the deed and deed-mapper drawing. The seller may have fenced in part of his neighbor’s property, or vice versa. These are called, encroachments. The party who has committed the encroachment may be able to prove that he has met the state’s tests to establish ownership of his neighbor’s property through adverse possession. Both the buyer and seller have reasons to be aware of an “off boundary line,” which indicates an encroachment, before concluding a sale.</p>
<p>In most cases, a surveyor can figure out boundary lines and do his match ups on a walk-through using a topographical map with drawn lines. But occasions will arise when a boundary line must be searched out in the records and shot in the field to establish it.</p>
<p>From a buyer’s perspective, a deed-mapper drawing, which shows acreage and closure, is usually sufficient evidence to make an offer or not make one.</p>
<p>Deed-mapping is inexpensive and fast.</p>
<p>Once a buyer has confirmed acreage to his satisfaction, his purchase-contract should specify that the property to be purchased contains X acres, as determined by</p>
<p>Y method.  This can lead a buyer into an ethical dilemma when, for example, the seller’s deed says, and the seller believes, the property contains 100 acres, more or less, and the deed-mapper shows 150 acres. Most buyers don’t have much of a dilemma when the deed-mapper shows only 75 acres contained within the description; they simply tell the seller that he’s short 25 acres and they’re not paying for it.</p>
<p>Acreage discrepancies are not uncommon in rural property. It makes sense for the seller to know exactly what he’s selling and for the buyer to know exactly what he’s buying before a purchase contract lies on the table between them.</p>
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		<title>Why you should survey before you sell</title>
		<link>http://www.landthink.com/why-you-should-survey-before-you-sell/</link>
		<comments>http://www.landthink.com/why-you-should-survey-before-you-sell/#comments</comments>
		<pubDate>Wed, 10 Sep 2008 20:42:09 +0000</pubDate>
		<dc:creator>LandThink</dc:creator>
				<category><![CDATA[Selling]]></category>
		<category><![CDATA[Land Survey]]></category>
		<category><![CDATA[Survey]]></category>

		<guid isPermaLink="false">http://www.landthink.com/?p=95</guid>
		<description><![CDATA[Among the countless problems that can occur during the “sale pending” period of a land transaction, a survey is at the top of the list. Along with title issues, survey problems adversely impact more land closings than anything else.]]></description>
			<content:encoded><![CDATA[<p><img class="alignright size-full wp-image-786" title="Why you should survey before you sell" src="http://www.landthink.com/wp-content/uploads/survey.jpg" alt="Why you should survey before you sell" width="230" height="200" />Among the countless problems that can occur during the “sale pending” period of a land transaction, a survey is at the top of the list. Along with title issues, survey problems adversely impact more land closings than anything else. In this article, we will explain surveys and their significance to landowners, particularly those making preparations to sell. Let’s start with a little insight into the practice of land surveying from a historical perspective and then compare that with modern methods utilized today.</p>
<p>Surveying is the art and science of making measurements to locate points on, above or beneath the earth’s surface. The surveyor cannot by his own actions establish new boundary lines. However, he can use his experience and knowledge to formulate an opinion concerning the location of a boundary line in question. The actual survey is the measure of an area, calculated in acres in the U.S. One acre is 43,560 square feet.  Why such an odd number? Acres are based on “chains” or rather 66 ft. increments. An acre is exactly 66 feet x 660 feet or 1 chain x 10 chains. Another measurement based on chains is the mile which is 5,280 feet or 80 chains. A more common way to envision a one acre area is that it covers approximately 208ft. X 208 ft. A typical subdivision lot of 100&#8242; of frontage x 200 feet of depth is about 46 hundredths of an acre.</p>
<p>There are two types of surveying methods, the “Rectangular Survey” and the “Metes and Bounds.” The Rectangular version is based on sections and townships and is common in the western portion of the country. That’s why when you fly over western states; the ground resembles a patch work quilt. The “Metes and Bounds” survey is generally used throughout the eastern part of the country and describes the boundaries of a tract in distances and directions.</p>
<p>For many years surveyors employed the use of tapes and/or Günter’s chains in order to determine the distances between points, while the “Transit”, a compass type instrument determined direction. Since the mid 1980&#8242;s computerized laser transits have become protocol for the surveying industry. By using a laser beam, distances may be calculated to within thousandths of an inch and directions are plotted using computerized instruments with digital read-outs. New technology is amazingly accurate and dependable, although different surveyors still reach different conclusions. We will get into this more a bit later.</p>
<p>When a surveyor performs a <strong><em>boundary survey</em></strong> as opposed to a <em><strong>division survey</strong></em> he is simply following the metes and bounds that were previously established. He studies the old deeds and plats, then determines to the best of his ability where the line should start, the direction it should run and what the distance should measure. Hopefully, guidance is offered by old, established landmarks and monuments. While any two professional surveyors often come up with small amounts of variation in the same lines, some surveyors are much more skilled at the trade. Additionally various classes of surveys allow for a larger margin for error. Even minor variations can cause significant discrepancies. Consider that with a rectangular 15 acre parcel (1500 ft. x 435 ft), an error of 1 degree in either of the 1500 ft. lines represents about 1/3 of an acre. At $10,000.00 per acre this amount of discrepancy will pay for several surveys in our market area.</p>
<p>In addition to re-establishing where the lines should be and the quantity of acres, an all-inclusive boundary survey will show road frontage, rights-of-way, easements, monuments, structures, encroachments, rivers, creeks, ponds, wells, cemeteries and other established landmarks. The more extra’s you want “spotted” as surveyors say, the more it will cost you. However, presenting a recently prepared and all-inclusive plat to a prospective buyer will remove a major obstacle from his or her decision making process.</p>
<p>All too often survey discrepancies are revealed after the contract is signed and a buyer is involved.  It can be a deal breaker when the final survey plat deviates from what was initially represented. Depending on the amount of deviation, a material fact is deemed to have been discovered. Such discovery gives the purchaser an option to either walk away from the sale and receive a refund of the deposit or renegotiate the contract.</p>
<p>Its far better to know exactly what you are offering to sell before you try to sell it. As an example let’s say your deed and old plat indicates 10 acres. You and the neighboring landowner agree that he will purchase the land for $100,000.00. The contracts are signed and you are moving toward closing when a new survey reveals there are only 9.25 acres. There is no chance your friendly neighbor would then agree to just go ahead and give you the $100,000.00.  To the contrary, he will want to knock off $7,500.00 for the missing 3/4 acre.  On the other hand if he had been given a recent plat for 9.25 acres for which you would agree to sell him for $100,000.00, he would probably have agreed to pay it. It’s human nature to resist giving up anything after you have bargained for it. Now what would happen if in the previous situation the new survey instead had shown 10.75 acres in the tract?  If you guess he will want you to just give him the extra land move on up to the head of the real estate class.</p>
<p>It is far better to sell land by the acre and subject to a survey. In the preceding case the contract would call for “10 acres more or less with the final sales price to be determined by the survey of a Registered Land Surveyor and a final adjustment made at the rate of $10,000.00 per acre or portion thereof”. Most knowledgeable land brokers encourage their buyers to structure purchase offers in this manner and negotiate who pays for the survey. However, due to limited finances, some buyers will want to put a cap on the number of acres they are able to purchase, thus creating a problem should the survey comes in too high.</p>
<p>If you are determined to sell your land as a “site,” contract language can be written to make such a “site sale” binding, up to a point anyway. This is the method used by many timber companies when selling land with merchantable timber value. However, many astute buyers will not take a chance on paying for land that may not be there. Timber companies can afford to let these buyers go, but most other landowners would be better served by negotiating a bit. I remember a site sale several years back where the buyer decided to have a survey done anyway. When it came back about 5 acres low he backed out of the deal and demanded a refund of his deposit. After more than a year of posturing, the sellers released the deposit back to him. The contract was explicit, but he argued that 5 acres was a material fact and he was willing to let a judge decide. It’s better to survey before you sell and avoid the problems.</p>
<p>Many timber companies also sell their tracts using timber type maps that indicate acres derived from GPS measurements. We have been involved with thousands of acres sold by this method and offhand I can’t remember a single tract that was subsequently surveyed and the amount of acreage came in higher. There is always a shortage, I suppose, because the instruments are less accurate and the individuals doing the measuring walk around the outside of the tract.</p>
<p>Large deviations are not unheard of. A tract we bought around 1990 called for 200 acres, but when we had a new survey it revealed an additional 93 acres. However, most new surveys will come in low due to improved laser technology and more liability placed on surveyors in our present litigious society. It’s safer for a surveyor to accept what the adjoining landowner thinks he owns rather than risk a lawsuit by trying to claim what might rightfully belong to the other side of the line. Another major factor is Laser transits that shoot a direct line, often from the front to the back corners, as opposed to 66 foot chains that were pulled over uneven terrain. It’s reasonable to assume that if the old plat calls for 225 acres, a new survey may indicate only 220. Other variations may be due to gradual and imperceptible changes brought about due to streams or rivers naturally changing course.</p>
<p>Road frontage and/or road access are important factors to consider when buying land. A new survey will accurately indicate road frontage variations, particularly those that may have occurred due to a road having been shifted over the years. . We recently discovered that one of our small farm subdivisions did not touch the county road. Fortunately we were able to buy the separating strip and move ahead, but the price was steep. In Spartanburg County most county road easements run ditch to ditch. If your land doesn’t adjoin the ditch, you are effectively precluded from accessing the road until negotiating an agreement with the adjoining landowner.</p>
<p>State roads around here generally have a 66 foot right-of-way. If you are in the right-of-way, you can usually obtain an encroachment permit to connect, assuming you have line of sight visibility and sufficient frontage to meet county regulations. State roads require 100 feet of unobstructed visibility for each 10 mph of speed limit. Visibility is a major issue as regulators are very reluctant to issue variances that could come back on them in the event of an accident. It’s better to know about the problem before you sell and once again your surveyor can help.</p>
<p>Hopefully some of this information will prove useful to those of you making preparations to market your land. If you have further questions, comments or need a good local surveyor, send us an e-mail and we will attempt to assist.</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;-</p>
<p>The Metcalf Land Company, Inc. was founded January 1971 in Spartanburg, South Carolina. We are a small family-owned company specializing in the sale of acreage, farms, timberlands and recreational properties in Upstate South Carolina and Western North Carolina.  Visit our website at <a rel="nofollow" href="http://www.metcalfland.com/" target="_blank">www.metcalfland.com</a>.</p>
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