U6&7: Importance and Use of Surveys Flashcards
What is a Survey?
It is the process of gathering info and evaluating all that’s available.
the process of evaluating real evidence to discover the limits of a particular parcel of lan
What do Surveyors do?
The form an OPINION concerning the LINES OF TITLE and PHYSICAL CHARACTERISTICS of the property
must be a surveyor in order to make a subdivision map
- a subdivision map is a measuring process and the map is the expression of opinion of the measurements
Why are surveys needed?
- prove the existence of the property
- establish the relationship of property to adjoining properties
- establish the relationship of the lines of possession to the record lines of title
What is ownership?
it is a concept that defines the bundle of rights that one has over an object
Ownership of land
Prior possessors have superior title as against all but the true owner.
Trespassers w.o legal title to the land, still by mere possession, have rights superior to that of the Forest Service
What is Adverse Possession? [AP]
AP is a principle of RE law whereby somebody who possesses the land of another for an extended period of time may be able to claim legal title to that land.
based on presumption that one in possession is the owner, and if not, the true owner has forfeited the right of possession as against the possessor.
hostile, open and notorious, exclusive, continuous, actual, and under a claim of right
What is “Under a Claim of right”?
a claim of right is a reasonable basis for the belief that the property belongs to the adverse possessor or the property owner.
New Law: conduct will prevail over subjective knowledge- the issue is actual occupation
A person is an adverse possessor when he occupies the property with or without knowledge of the other’s superior ownership rights
How to describe the property when there is no survey?
Landmarking-
Surveys are a Due Diligence Tool
Locate all physical improvements
Have there been any alterations?
Is the land, parking or improvement missing?
are there limitations on the building envelope?
is there room for an extension or appurtenant structure?
are there possible sources of contimantion on the property that need to be examined?
What to do with encroachments in the survey? [which render title unmarketable]
As the seller include in the contract:
“subject to any state of facts an accurate survey may show”–> this clause protects the seller from a buyer not being obligated to close b/c there is an encroachment that renders title unmarketable.
What must a survey contain/describe?
identify the north arrow, verify the reference datum if the survey shows elevation, identify the survey scale and beware of foreshortening
Types of Surveys?
Boundary survey: only shows perimeter lines
survey in possession: shows boundary lines + a lil bit off the boundary [encroachments]
topographical survey: shows diff elevations of the property
Title survey: cannot do a title survey w/o actually going out and doing it at the property.
what to do with a survey?
compare it the legal description of the property.
What CoA exists for failure to properly perform a survey inspection?
There is no claim for negligence.
Any claim for negligent survey inspection MERGES INTO THE CONTRACT OF INSURANCE
the only claim the insured has is for a breach of the contract of insurance.
What CoA exists for failure to properly perform a survey inspection?
No Breach of K claim because the contract of insurance is distinct from the contract of searching,.
An improper search does not create a title defect- it merely leaves an already existing defect undiscovered.
