Can you survey someone elses property

What is a property survey? Lot and Block vs. Lot and block: If the property is part of a subdivision where a large piece of land has been divided into smaller lots, the property description will consist of a lot and block number on a map of the subdivision.

This begins with a fixed point, such as a fence post, followed by distances and directions until it returns to the starting point.

What are property easements and setbacks? This can be for aesthetic reasons, such as maintaining a consistent look among the lots in a subdivision. It can also be for safety reasons, such as keeping enough distance between buildings so that a fire cannot easily jump from one to another.

Natural Features of Real Property. When do I need a property survey? You should consider getting your property surveyed in a variety of situations, including: When you are buying or selling real property, both to protect your investment and make sure the property described in the deed matches the actual land; When a mortgage lender or title company requires a survey; When you are having a dispute over property lines with a neighbor; When you have a dispute over an easement or right-of-way; When you think someone has encroached onto your property; and When you plan on obtaining flood insurance.

Who conducts a property survey? Surveying a boundary involves research, locating evidence, measurement, calculation, considering boundary law principles, analysis, drafting and communications. When surveyors determine an existing boundary, their challenge is to locate the boundary where it was originally established.

Since many boundaries were created decades or more ago, it can be a challenge finding the required information. Surveyors usually start with a Land Registry Office search but unlike lawyers their search must go beyond looking at the current parcel abstract. They must search back far enough to understand how and when the boundary was created in relationship to surrounding parcels. Often not all information is available in the Land Registry Office. They may have to retrieve the original crown patent maintained by the Ministry of Natural Resources and Forestry, find related records available in the Archives of Ontario, search for municipalities for appropriate by-laws, and consult a variety of other information such as local historical information, water elevations and historical photography.

They also must acquire information from other surveyors that may have surveyed in the area and left evidence of the boundary approximately only about one quarter of survey plans are stored in the Land Registry Office. A surveyor may have invested several hours into research and incurred significant disbursements before getting to the field. Once at the site they or their staff will look for evidence which will include survey monuments, natural boundaries e. They will look for features that may encroach over the boundary.

At this point they can start measuring. Surveyors and their technicians use a variety of advanced technology to measure today, ranging from robotic total stations to global navigation satellite systems e.

GPS and data collectors. Measurements will be recorded using a combination of sketches and digital files to depict relationships of the features captured.

Calculations are now performed to understand the relationships of the evidence tied in. This is compared against documentary evidence i.

As should be expected, often old measurements that were determined with steel chains and compasses shown in the documentary evidence do not match the dimensions measured on the ground with modern technology. Additionally, physical evidence e. The surveyor must apply boundary law principles to help determine which evidence should be afforded the most weight in determining the location of the boundary.

As an example, they may have to consider the priority of severances e. The weighted evidence is then analysed to determine the most likely location of the original boundary. Surveying is not just a matter of measuring but requires professional judgement. At this point the location of any new survey monuments required or new boundaries for severances can be calculated and survey monuments planted.

All this information is conveyed to the office where calculations are performed and checked prior to the plan being drafted using modern drafting software and equipment. The plan should be independently reviewed and checked.

Ultimately the surveyor must prepare an internal report describing which evidence was used and any anomalies that had to be addressed.

They generally also prepare a report for the client that addresses any issues uncovered during the survey e. This short article is a simplification of the process, which can be quite involved and can be iterative e.

It does not address other knowledge required such as the multiple statutes, regulations and by-laws that need to be considered. Surveyors are required to have a specialized university degree, complete several years of experience, and pass written and oral professional exams before they can obtain their license to practice for the public. In some of the areas of the province with older surveys and specific circumstances surveyors have built libraries of specialized information that helps them re-establish boundaries.

Take a look at our team and check out our land surveying services. There is no legal requirement for either the buyer or the seller to pay for a land survey.

In general, the party who wants the survey is the one who pays. For instance, if the seller wants the survey, then they must hand over the money, and likewise for the buyer. The amount you pay typically depends on the size of the property , with more extensive surveys costing more. The price is also partly dependent on the location of the land.

Some plots are more challenging to survey from an administrative and technical perspective than others. Land surveys are also helpful if you plan on building your own home. People wanting to develop property need reputable agents. The latter can help them avoid disputes in the future and ensure they construct within current zoning rules.

Some people use online directories like Yelp, to find suitable partners. More often than not, it is better to choose a locally established firm with significant expertise in this area. You can check whether you can extend in a particular direction or add new decking.

Related: Find out which land survey is right for you. Millman has more than twenty years of proving its worth, helping hundreds of developers ensure that their land is suitable for their plans.

We offer a host of land survey options, depending on the type of work you would like to carry out, plus full support in-house nationwide. Millman offers licensed staff who create meticulous and accurate surveys of plots. And we back all that up with technical and legal knowledge, helping you cut risks and long-term costs associated with investment and development.

Land surveys are an essential tool to ensure that your development remains legal and in line with your loan agreements. They let you define boundaries, establish value, and avoid conflict. Usually, the buying party will ask for a land survey to check that the property they want to buy offers all the required features for successful development.

However, the seller may also provide a comprehensive land survey to increase the likelihood of a sale and convince developers that the plot offers everything that they want. Either way, a land survey has the potential to benefit either party. It should be a standard component of any exchange, especially if you plan on developing the site in the future. Previous Next. View Larger Image. Related: Land Survey Processing Land surveys are primarily a dispute resolution and planning device.

The example Vizaline report is not utilizing tax map locations. And, of course, they are charging their clients for performing these services. This is a distinguishing characteristic of professional services — charging for those services. I often use the legal profession to make this point. Anybody can be an attorney; an attorney is simply one who represents another. You can be your own attorney or, with a power of attorney, you can represent someone else. Go practice the law without a license and see what happens to your free speech rights.

Speaking of free speech, I know that not all speech is free. One aspect of title to property is the occupation of that property. Without going into a full-blown discussion on slander of title, the slanderous accusation is complete when it is published, and it is published when communicated to someone other than the title holder — say when Vizaline turns the report over to its banker client.

These are just a couple of problems with the unqualified rendering of opinions on the location of property lines. There are many more examples that space will not allow.

The only reason to license surveyors and regulate the practice is to protect the property interests of the landowning public. On this issue, licensing boards agree with nearly identical language.