~ Frequently Asked Questions of Land Surveyors About Surveying ~

• We do not know if the deed information matches other deeds of the evidence found in the field.
   
• We do not know what the terrain or the coverage is like.
   
• We do not know if the chain of Title or the Abstract is deficient.
   
• We do not know all these critical factors until we research and investigate them.

ALL projects are different so it is dangerous to provide a guess as to the cost as the parcel of similar size you know.  Most likely it will have different conditions than the land you need surveyed.  If an updated survey is needed a cost can be given by the surveyor that completed that project, BUT a different surveyor may not be able to provide a fixed cost because he or she does not have all the data and will need to repeat much of the investigation from scratch.

How long will it take?
This is similar to the first question. I DON’T KNOW.
The reasons are basically the same as above, but with this we now need to add in weather conditions and site conditions.

We can have some pretty significant amounts of snow accumulation here in the Adirondacks.  With that in mind we can continue to work thru the winter only because we set up elements of the work prior to expected snow fall and then take advantage of the frozen lakes and marshes to more easily cover area that would be impossible or at the very least difficult in no snow/ice conditions.

As to the site conditions, working in open pasture lands can be much faster than running lines thru dense underbrush with thorns and barbed wire fence.

Do we need a contract?
No, but I strongly suggest you have one.

A contract protects both parties, you know what you need and the surveyor knows what he is to provide.

For example:

• Do you want or expect corners to be set?
  (By the way they should be so you know the precise location in the field for a variety of reasons.)
   
• Do you want a map?
   
• Do you want a walk around of the property with the surveyor?
   
• Do you only want one line run and not all of them.
  This is possible but often to get the information to set that one line you need the same research and effort to establish all of them.  This varies from project to project.

So know what you want or need, talk it over with the surveyor and listen to his suggestions and then have it written in some contract form.

What do you need from me besides money?
Glad you motioned money, but we will get to that later.

If you can provide or know of any of the following information it will save the surveyor time and you money.

1. A full size complete copy of your deed.
    
2. An `Abstract of Title’ to the property.
   (If you don’t have one, order one prior to the survey.)
    
3. A copy of previous maps of the parcel or of the subdivision from which it came.
    
4. Copies of the deeds of your abutting or adjacent owners.
    
5. Any maps your abutting owners may have.
    
6. A sketch of the property as you know it.. (a rough sketch is fine).
    
7. Tax map information (section block and parcel#).
    
8. Copies of old photographs are useful, especially if they show old fence lines.

Ok HOW MUCH WILL THIS COST ??
Honestly, if you do not ask me how much it will cost I will be very suspicious.

Cost breaks down into time, mileage, material and sometimes misc. expenses.
Misc. expenses could be such things such as parking, rentals or toll costs.

So what I will do is look at the information at hand and from my experience with similar projects and will give you a ball park range of possible costs.  Depending on the size of the project, I will want a retainer before I begin the project and this varies with the size of the anticipated project.

As I get into the early research and some field work I will give you an update on the estimated cost and most likely request a partial payment before proceeding.

If the project is large I will submit a progress report and partial payment amounts.

Large or small at the end when I am finished I will submit the final bill prior to turn over of deliverables.

If you require a fixed cost, I will provide one but it will most likely be substantially more. There are just to many factors that can effect an estimate for property line determinations.

Do you use GIS, GPS, GNSS and what is it?
Simple answer, YES.

• GIS – Geographic Information System, This term has come in vogue with the advent of computers and the switch from vector to raster mapping. We surveyors have been collecting information in book or note form, from the beginning use of writing implements.  In fairness to this new GIS community more general information is made readily available for planers and geographers now.  If you "Google", you are using it.  Our work as surveyors is more precise and therefore more time consuming.
   
• GPS = Global Positioning Systems or usage of data transmitted from US Satellites coordinated fixes of latitude, longitude and elevation.  I use both survey grade receivers that provide a positional fix horizontally within a centimeter.  I also use mapping grade hand held units for reconnaissance work.
   
• GNSS = Global Navigational Satellite Systems or usage of combined US and Russian/French satellites for the same function.
  
  I only use my GNSS units in a static mode and do not use the RTK capabilities.  Here we do not have the needed cell phone coverage required for RTK.  I will let the non surveyors look up the difference between static and RTK on your own.  For me to do it, will take up to much space.

I have heard how my neighbor can get my land through "adverse possession" what is it?
I will let your legal consul advise you on that, but will share some insight as to how I understand the situation as presently enacted.

Real Property must be identified and protected from the interest of others. To help in that process think of the word "OCEAN", then think of the following: (Occupation, Continuous, Exclusive, Adverse, Notorious)

• With those acts in mind we look to see how the land has been Occupied. Has it been fenced, or pastured, or cultivated or improved?

 
• Has the land been occupied Continuously for some length of time?
  (At this time in New York State the time element is 10 years).
   
• Has the land been Exclusively used or has it been shared?
   
• Has it been used Adversely or in opposition to another claim?
   
• Has it been Occupied in the open or where the public can see the usage?
   
• Has it been used so Notoriously so it is conspicuous?

A survey with map, documenting the occupation on the basis occupation along with continued protection and maintains of those lines goes a long way in preserving your claim to your property.  That is why if ever a corner marker is disturbed or destroyed it should be replaced as soon as it is noticed missing or disturbed.

A friend advised me a long time ago that "the Courts rule more on perception than on reality."

And my advice, if you have real property to and are serious about protecting it from others:

1. Obtain and Abstract of Title that goes back at least 40 years.
    
2. To have the property surveyed and have all corners set or verified.
    
3. To have a map prepared of the survey and to have it filed in the County Clerks Office.
    
4. To annually or more regularly walk the bounds of your property for signs of encroachment or usage by others.
    
5. To update your map after any improvements have been made on the property and record the revised map showing those changes.
    
6. To contact your attorney in a timely manner, should others physically encroach upon your land and begin to use it in an adverse manner.

~ Contact ~
William E. Brannon
Land Surveyor
401 Irishtown Road
Olmstedville, New York 12857

Phone-Fax: 518-251-4353
Email: Brannon@frontiernet.net