The Land Surveying Profession
In New York State
What
is a Land Surveyor?
A Land
Surveyor is a design professional licensed and regulated by the State of
New York, who, through a combination of education and experience, understands
and is able to delineate the physical characteristics of land, and is also
qualified to perform and depict a physical retracement of the legal history
of that land. A New York Licensed Land Surveyor uses applied mathematics
and other technical and research skills to measure and plot: the dimensions
of any portion of the Earth's surface, natural and Man-made structures,
the lengths and directions of boundary lines, and the contour of the Earth's
surface. ONLY LICENSED LAND SURVEYORS
MAY MAKE BOUNDARY LINE DETERMINATIONS IN THE STATE OF NEW YORK.
Land Surveyors are also knowledgeable regarding zoning regulations, planning
regulations, building codes, health codes, wetland regulations and general
land use requirements. Land Surveyors may offer a variety of services
including:
-
Boundary
Surveys
-
Proposed
Plot Plans
-
Building
Location and Foundation Location Surveys
-
Topographic
Surveys
- Subdivision Design and Platting
- Global
Positioning System Surveys
-
Geodetic
Control Surveys
-
Hydrographic
Surveys
- ALTA/ACSM Land Title Surveys
- Geographic
Information System Creation and Maintenance
-
Environmental
Impact Statements
-
Wetland
Delineation and Location
-
Mining
Plans
-
Mitigation
Plans
-
Land
Development Plans
-
Percolation
Tests and Soil Descriptions
-
Construction
and Transportation Staking
-
Monitoring
of Structural Settling of Buildings and Other Structures
-
Utility
and Pipeline Surveys
According to New York State Law, only surveys made by licensed and registered
New York State Land Surveyors are legal. Only registered Land Surveyors
have the combination of Land Surveying education and experience required
for licensure in New York State, and only licensed and registered Land
Surveyors have passed the three part examination required for licensure
in New York State (said exam consisting of two national examinations totaling
14 hours, and a two-hour New York State specific examination).
Professional Engineers, Architects, Landscape Architects, Lawyers, real
estate agents, contractors, and title company agents are not allowed to
make boundary line determinations. Also, a visual inspection of a
property by a landowner, real estate agent, contractor, or title company
representative is not enough to determine the legal boundary of that property.
ONLY LICENSED LAND SURVEYORS MAY MAKE BOUNDARY
LINE DETERMINATIONS IN THE STATE OF NEW YORK.
WHEN SHOULD A
HOMEOWNER / LANDOWNER
CONTACT A SURVEYOR?
You
Should Contact a Surveyor When Buying Property Because:
-
Only
a map of the survey made by a Licensed Land Surveyor can define what you've
purchased.
-
A Surveyor
will determine whether other people are entitled to partial use of your
property through easements for utilities or rights-of-way.
-
A Surveyor
will determine whether fences, trees, buildings, building overhangs, gardens,
driveways, sidewalks, swimming pools, house additions, and other property
improvements actually lie on your property
-
A Surveyor
will determine whether your deed accurately describes the property you occupy.
-
A Surveyor
can provide an updated deed description for the property you are purchasing.
This will allow you (or your Lawyer) to file your deed in the County Clerk's
Office, thereby registering the transaction and preserving your property
rights in the future.
-
Since
a survey provided by the seller may be old, it may not reflect changes
to the property or its boundaries. A survey protects you by bringing
potential legal problems to your attention so you can address them before
you make your purchase.
-
A Surveyor
can mark the corners of your property with permanent monuments so you will
always be aware of your legal property lines.
You
Should Contact a Surveyor When Refinancing Your Home or Applying for a
Mortgage Because:
-
A bank
or trust company will usually require a survey before lending money.
-
Zoning,
Planning, or Building laws may have changed since you purchased your home.
You
Should Contact a Surveyor Before Building Additions to Your House or Permanent
Improvements to Your Property (like fences) Because:
-
You
want to make sure you are building on your own property. Mistakenly
building on a neighbor's property can cause legal problems and extra construction
costs.
-
A Surveyor
can stake-out, or mark the location of proposed buildings so that you are
sure they are on your property and meet all local setback requirements
and zoning restrictions.
-
In
case of a dispute, your Surveyor can act as an expert witness, and will
assume professional responsibility for your survey in court.
You
Should Contact a Surveyor When Subdividing Property or Selling Individual
Lots Because:
-
Your
Surveyor will survey the site and draft a proposed subdivision plan
-
Your
Surveyor will check and note planning restrictions, easements, and other
legalities for your subdivision (for example: wetland delineation and mapping
issues, minimum lot sizes and setbacks, etc...).
-
Your
Surveyor can engage other consultants to carry out preliminary studies,
Engineering, planning, and environmental issues to submit with the draft
subdivision plan - and ensure compliance with local, state, and federal
laws.
-
Your
Surveyor can represent you and your project at Planning, Building, Zoning
and Town & County Board meetings, if required.
-
Your
Surveyor will prepare final subdivision plans.
-
Retaining
a Surveyor will give your buyers and clients confidence in the purchase
of your property, or one of the lots in your subdivision.
-
Consulting
a Surveyor may help simplify the Land Development Process, and a Surveyor
will be able to make recommendations as to the feasibility of projects.
THE LAND SURVEYING PROCESS
Contacting
a Land Surveyor:
You can
choose a Surveyor based on prior recommendations, or you can consult your
local Yellow Pages under the heading Land Surveyors.
You should make your needs known to the Surveyor as clearly as possible
and as soon as possible. Be sure the Surveyor knows why you want
the survey made, and exactly which services you require. This will
ensure that the fee estimate the Surveyor gives you is accurate.
Don't be afraid to ask questions if you are unsure of any aspect of what
is required, and feel free to ask the Surveyor for suggestions as to how
best to proceed with your project.
You should supply copies of any survey maps, deeds, records of title, or
any other pertinent information about your property to the Surveyor at
your first meeting (if possible).
The
Survey:
As soon
as the you have agreed on the scope of work and services to be provided
by the Surveyor (which often involves a written contract), the Surveyor
will schedule your property or project for a survey. The Land Surveyor
will perform research through a variety of sources, including County Clerk's
offices and other agencies, to gather information affecting the boundaries
of the property, as well as reviewing the documents and maps you provide.
After this information has been gathered, the Surveyor will send a field
crew (usually consisting of two or more Surveying Technicians and/or Surveyors)
to perform a field survey of the property. These trained professionals
will locate any physical evidence that may affect the property boundaries,
as well as locate any physical improvements to the property. If engaged
for the project, the Surveyor, Survey Crew, or other professionals may
visit the site to perform various other tasks like wetland delineation,
percolation testing, and general site reconnaissance.
After performing the field survey, the Surveyor will make a determination
of the property lines based on research and field evidence. Using
this information a map, or plat, will be drafted for the parcel.
How
Much Will a Survey Cost?
The cost
of a survey will depend on the size and location of the property, and the
actual services to be provided by the Land Surveyor. Such items as
the complexity of the descriptions, terrain and the shape of the property
are factors that must be considered. As a result, only a Land Surveyor
(not a bank, Lawyer, or contractor) can accurately estimate the cost of
a survey. Surveyors are willing to discuss their fees and offer an
estimate before you authorize a survey. The cost of a survey is only
a small percentage of the cost of buying, refinancing, or subdividing property.
The protection and piece-of-mind a survey affords is well worth the cost.
FOR MORE INFORMATION:
The
governing professional organization for the Profession of Land Surveying
in New York State is the New York State Association of Professional Land
Surveyors (NYSAPLS). NYSAPLS is composed of seventeen regional affiliates
which maintain standards of practice for Land Surveying in different regions
of New York. For more information on the Profession of Land Surveying
in New York State, visit the NYSAPLS Website: New
York State Association of Professional Land Surveyors or
write to:
New
York State Association of Professional Land Surveyors
Land
Surveyors Building
146
Washington Avenue
Albany,
NY 12210-2203
(You
may also contact your regional affiliate at this address)
The state agency responsible for licensing and registering
Land Surveyors in New York State is the State Education Department, Office
of the Professions - State Board for Engineering and Land Surveying (SBELS).
To verify a license or for more information on licensure as a Land Surveyor
in New York State, visit the Office of the Professions / SBELS website: SBELS
Information for this online document was adapted from the following sources
by Kurt Heiss for the Eastern New York Society of Land Surveyors Website, the Allegheny Plateau Association of Professional Land Surveyors Website, and the Genesee Valley Land Surveyors Association Website:
It's In Your Interest - CONTACT
A SURVEYOR. 1991 - New York State Association of Professional Land
Surveyors.
Choosing Land Surveying as Your
Profession. 1991 - New York State Association of Professional Land
Surveyors.
Why You Need a Land Survey When
Purchasing Real Estate. Westchester-Putnam Association of Professional
Land Surveyors Inc.
Consumer Information - Land Surveying.
1997 - New York State Education Department, Office of the Professions.
You Have the Right to Competent
Professional Services. 1997 - New York State Education Department,
Office of the Professions.
Why You Need a Land Survey - When You Buy Real Estate. Eastern New York Society of Land Surveyors, Inc.
Why You Need a Land Survey When You Purchase Real Estate. Mid-Hudson Valley Land Surveyors Association, Inc.
To acquire any of these publications, contact NYSAPLS or the State Education
Department at the links above.
|