Things to consider:
Does size really matter?
It is common practice for an individual to refer to a parcel by its size. In fact, the size of a parcel seems to be what most people focus on. This does seem reasonable considering that real estate is normally advertised to be a particular size and the tax assessor often bases taxes on a specific area. It is not uncommon to hear property owners say things such as, “I own five acres” or “the lot is 1/3 of an acre in size”. This area calculation seems to be the most important factor when referencing land yet it is the least important when determining boundaries of property. There are however a few exceptions to this rule and one such exception is listed below.
Consider the following....
When a parcel is created, the limits of that parcel including the property lines and corners are determined on the ground. These are the controlling features of the parcel. Once these are established, generally being marked with permanent survey monuments, they are then measured. This measurement establishes the bearings and distances of the property lines, the relationship that each line has with other parcel lines, and the proximity of these lines with other lines and monuments of record. The area calculation is then based upon these measurements. That being stated, bear in mind that error always exists in measurement. This error is generally minor for contemporary measurement due to increased technology, but some error does still exist. As older parcels are retraced, the likelihood of the measurements from many years ago is almost certainly going to be different than a recent measurement. This by no means indicates that the property owner has gained or lost land due to the difference in measurement. Theoretically, the same lines are being measured, only with different results. One example of this issue can be illustrated based on the type of equipment used by the modern day surveyor. On larger parcels, a common tool for measurement has become the global positioning system (G.P.S.). When used correctly, survey grade G.P.S. is an incredible tool. One of the particular issues though regarding G.P.S. is that it collects data in a grid system and then calculates a position based on grid measurement to determine a point on the surface of the Earth (a sphere). The grid calculations are based on a sea level measurement. As you know, most of the land within the State of California is above sea level. Due to this fact, here is what happens. As the elevation increases, the distance upon the face of the Earth, for the same line, become longer. Imagine this; you have a round (spherical) pin cushion. Pressed into that pin cushion you have two long pins. Both pins are pointed into the center on the cushion (radially) yet if you measure the distance between the two pins at the surface of the cushion (illustrating sea level) will be less than the distance at the top of the two pins (which illustrates ground level). Of course, the closer the two pins are together the less pronounced this issue appears but, separate them by a reasonable amount and it becomes very obvious. This same theory applies when measuring large parcels. The longer the lines and the greater the elevation, the more error is injected into the measurement. Now these errors can be mitigated though things such as scale factor reduction, but this is only an adjustment to a measurement and it only reduces the issue, it does not eliminate it. Other issues are considered in error analysis related to measurement for surveying and are beyond the scope of this writing but they do exist. Because of these issues, it can be seen that a parcel could be created with the intention of being a particular size yet a current survey may determine that it is slightly different in size, even though the boundaries of the parcel are the same as they were originally when the parcel was created. Make sense?
One example where area is the controlling feature is as follows. Let’s say a ten acre lot was established in 1950 (this being the parent parcel in this scenario). Then, in 1960 when it was still legal to subdivide land with only a legal description, the owner of the ten acre lot “deeded off” the East five acres to another party. This is not to be confused with the East one-half. In this particular case, the size of the lot does control. The parent parcel would have to be surveyed and the property lines thereof determined. At this point three sides of the five acre lot have been determined. Then, it will be necessary to determine how the interior line, the West line of the five acre lot, was intended to exist. Let’s say that it was intended to be parallel with the East line of the parent parcel. The East line is then mathematically “slid” Westerly until the five acre requirement is satisfied.
Title Report –v- Preliminary Title Report:
A title report is a written analysis of the status of title to real property. It normally lists the legal description of the subject property, names of titleholders, how title is held (joint tenancy, tenant in common, etc.), tax rate, any encumbrances that may exist on the property such as mortgages, liens, deeds of trusts, recorded judgments, and also notes when real property taxes are due. The history of the title that may be listed within the report is called an abstract of title. A title report is prepared by a title company, an abstractor, attorney, or an escrow company, depending on local practice. Normally, a title report's accuracy is insured by title insurance which will require the insurance company to either correct any error if found or pay damages resulting from a "cloud on title" or title flaw in the title which was not reported in the title report. The first draft of this document is called a preliminary report, or more commonly referred to as the prelim. It is basically an offer to provide title insurance subject to the exceptions contained within. The title company assumes no liability from any of the information contained within a preliminary title report unless title insurance is purchased. A standard disclaimer generally is noted on the face of the prelim such as, “This report is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.” If a title policy is purchased, an up-to-date report is then issued which will serve as the final title report.
Based on the above stated facts, it is much better to obtain information from a title report than from a prelim when researching record data for a survey.
Research your survey professional in advance of signing a contract.
The link listed below will direct you to the Board of Professional Land Surveyor’s and Engineer’s website. Once there, enter either the land surveyor’s name or license number and press the find button. Any pertinent information regarding the professional will be listed. Among these items are their address, license status and expiration date, as well as any discipline actions that have been taken by the board against the professional. You may also contact the Board at 1-866-780-5370 (toll free) to inquire concerning complaints or disciplinary actions.
http://www2.dca.ca.gov/pls/wllpub/wllqryna$lcev2.startup?p_qte_code=ENG&p_qte_pgm_code=7500
The above stated information has been compiled and provided in an attempt to educate the general public regarding the many services available and provided by a licensed land surveyor. It is my sincere intention to include valuable and accurate information, yet it is only provided to be informative and as a courtesy. Please contact me directly to further discuss any questions or comments that you may have for any of the above listed items or anything else related to land surveying.
Does size really matter?
It is common practice for an individual to refer to a parcel by its size. In fact, the size of a parcel seems to be what most people focus on. This does seem reasonable considering that real estate is normally advertised to be a particular size and the tax assessor often bases taxes on a specific area. It is not uncommon to hear property owners say things such as, “I own five acres” or “the lot is 1/3 of an acre in size”. This area calculation seems to be the most important factor when referencing land yet it is the least important when determining boundaries of property. There are however a few exceptions to this rule and one such exception is listed below.
Consider the following....
When a parcel is created, the limits of that parcel including the property lines and corners are determined on the ground. These are the controlling features of the parcel. Once these are established, generally being marked with permanent survey monuments, they are then measured. This measurement establishes the bearings and distances of the property lines, the relationship that each line has with other parcel lines, and the proximity of these lines with other lines and monuments of record. The area calculation is then based upon these measurements. That being stated, bear in mind that error always exists in measurement. This error is generally minor for contemporary measurement due to increased technology, but some error does still exist. As older parcels are retraced, the likelihood of the measurements from many years ago is almost certainly going to be different than a recent measurement. This by no means indicates that the property owner has gained or lost land due to the difference in measurement. Theoretically, the same lines are being measured, only with different results. One example of this issue can be illustrated based on the type of equipment used by the modern day surveyor. On larger parcels, a common tool for measurement has become the global positioning system (G.P.S.). When used correctly, survey grade G.P.S. is an incredible tool. One of the particular issues though regarding G.P.S. is that it collects data in a grid system and then calculates a position based on grid measurement to determine a point on the surface of the Earth (a sphere). The grid calculations are based on a sea level measurement. As you know, most of the land within the State of California is above sea level. Due to this fact, here is what happens. As the elevation increases, the distance upon the face of the Earth, for the same line, become longer. Imagine this; you have a round (spherical) pin cushion. Pressed into that pin cushion you have two long pins. Both pins are pointed into the center on the cushion (radially) yet if you measure the distance between the two pins at the surface of the cushion (illustrating sea level) will be less than the distance at the top of the two pins (which illustrates ground level). Of course, the closer the two pins are together the less pronounced this issue appears but, separate them by a reasonable amount and it becomes very obvious. This same theory applies when measuring large parcels. The longer the lines and the greater the elevation, the more error is injected into the measurement. Now these errors can be mitigated though things such as scale factor reduction, but this is only an adjustment to a measurement and it only reduces the issue, it does not eliminate it. Other issues are considered in error analysis related to measurement for surveying and are beyond the scope of this writing but they do exist. Because of these issues, it can be seen that a parcel could be created with the intention of being a particular size yet a current survey may determine that it is slightly different in size, even though the boundaries of the parcel are the same as they were originally when the parcel was created. Make sense?
One example where area is the controlling feature is as follows. Let’s say a ten acre lot was established in 1950 (this being the parent parcel in this scenario). Then, in 1960 when it was still legal to subdivide land with only a legal description, the owner of the ten acre lot “deeded off” the East five acres to another party. This is not to be confused with the East one-half. In this particular case, the size of the lot does control. The parent parcel would have to be surveyed and the property lines thereof determined. At this point three sides of the five acre lot have been determined. Then, it will be necessary to determine how the interior line, the West line of the five acre lot, was intended to exist. Let’s say that it was intended to be parallel with the East line of the parent parcel. The East line is then mathematically “slid” Westerly until the five acre requirement is satisfied.
Title Report –v- Preliminary Title Report:
A title report is a written analysis of the status of title to real property. It normally lists the legal description of the subject property, names of titleholders, how title is held (joint tenancy, tenant in common, etc.), tax rate, any encumbrances that may exist on the property such as mortgages, liens, deeds of trusts, recorded judgments, and also notes when real property taxes are due. The history of the title that may be listed within the report is called an abstract of title. A title report is prepared by a title company, an abstractor, attorney, or an escrow company, depending on local practice. Normally, a title report's accuracy is insured by title insurance which will require the insurance company to either correct any error if found or pay damages resulting from a "cloud on title" or title flaw in the title which was not reported in the title report. The first draft of this document is called a preliminary report, or more commonly referred to as the prelim. It is basically an offer to provide title insurance subject to the exceptions contained within. The title company assumes no liability from any of the information contained within a preliminary title report unless title insurance is purchased. A standard disclaimer generally is noted on the face of the prelim such as, “This report is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.” If a title policy is purchased, an up-to-date report is then issued which will serve as the final title report.
Based on the above stated facts, it is much better to obtain information from a title report than from a prelim when researching record data for a survey.
Research your survey professional in advance of signing a contract.
The link listed below will direct you to the Board of Professional Land Surveyor’s and Engineer’s website. Once there, enter either the land surveyor’s name or license number and press the find button. Any pertinent information regarding the professional will be listed. Among these items are their address, license status and expiration date, as well as any discipline actions that have been taken by the board against the professional. You may also contact the Board at 1-866-780-5370 (toll free) to inquire concerning complaints or disciplinary actions.
http://www2.dca.ca.gov/pls/wllpub/wllqryna$lcev2.startup?p_qte_code=ENG&p_qte_pgm_code=7500
The above stated information has been compiled and provided in an attempt to educate the general public regarding the many services available and provided by a licensed land surveyor. It is my sincere intention to include valuable and accurate information, yet it is only provided to be informative and as a courtesy. Please contact me directly to further discuss any questions or comments that you may have for any of the above listed items or anything else related to land surveying.