Curt Epperson, 

Attorney at Law

P.O. Box 627   Manson, WA.  
509 687 6236

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Information herein is  for general purposes only and cannot be used or applied to any specific legal situation or relationship.

The information contained in these Web pages is designed to provide accurate and authoritative information in regard to the subject matter covered. The information is provided with the understanding that this Web presentation is not a legal, financial or accounting service, nor legal, financial or accounting advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

SURVEYORS

In the majority of real estate transactions a surveyor is not needed.  However, when dealing with property in a rural area or when dealing with undeveloped land or acreage the services of a surveyor may be very helpful.

Boundary questions seldom arise when selling or buying a lot or home in an established neighborhood.  In such circumstances there will usually be a formal plat map on file with the county and posts or markers can usually be found which show the property corners.  However, if there are encroachments over the boundary (such as a fence, driveway, shed, or landscaping) and the exact location of a boundary is not obvious or is in dispute, a survey may be very useful.

For Sellers, the issue of a survey is like an inspection.  If there is a question or an issue regarding a boundary it may be better to be pro-active and pay for a survey before the property comes on the market.  However, some Buyers prefer to have the surveyor do the work on their behalf.  Sellers must consider whether it may be better to offer to pay for a survey after the purchase and sale agreement is signed, with the transaction contingent upon the Buyers' satisfaction.  Your John L. Scott agent can counsel you on this question.

When dealing with parcels of acreage or undeveloped land a survey is more important.  If a Buyer cannot determine where the corners are and where the boundaries are, it is difficult to discern exactly what is being purchased.  Sometimes a good map of the area will show landmarks such as roads, hills, ravines, and other things which mark the edge of a property.  If the property is large (say 20 acres or more) it may be sufficient to know that a boundary runs along a ridge line until it comes to a county road.  After all, on twenty acres or more it is not necessary to build right up next to the property edge.

One important point to remember is that a survey does not necessarily establish the location of a boundary.  The survey is actually just the professional opinion of the surveyor as to the location.  Often, two or more surveyors will disagree.  Even more frequently, if there is an encroachment over a boundary, (such as a shed or garage) the encroaching owner will simply say that the surveyor is wrong.   Such a situation can lead to litigation between adjoining property owners.  Many lawyers will tell you that boundary disputes are second only to child custody disputes when it comes to nasty litigation.

This is why (if you are the Seller) it is best to deal with any such issues prior to putting the property on the market.  If you are the Buyer, it is definitely better to get such issues resolved prior to closing.  The last thing you need is an angry disagreement with your new neighbor.

Make sure your surveyor is licensed and bonded and has a good reputation.  If you are working with a bank loan officer or an attorney, ask for a recommendation.  If someone else you know has recently hired a surveyor ask him or her or if you know a contractor ask for some names.  Then, call the surveyor and find out the usual things.  Experience and local knowledge.  Also be sure to find out how much it will cost and how long it will take.  Surveyors can vary quite a bit in their charges and some can be very slow while other will finish quickly.