ATTORNEY S PRIMER ON LAND SURVEYING

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1 ATTORNEY S PRIMER ON LAND SURVEYING JOANNE DARCY CRUM, L.S., ESQ. LEMERY GREISLER LLC New York State Bar Association Bridging the Gap August 2016 JOANNE DARCY CRUM, L.S., ESQ. Practice Areas Easements and Boundary Disputes, Real Estate, Land Use & Zoning, Municipal Law, Professional Discipline for Design Professionals, MWDBE certification Education B.A. State University of New York, 1977 M.B.A. University at Albany, 2004 J.D. Albany Law School of Union University, 2011 Admitted in Third Department 2012 Publications Regulating Junk and Junkyards in New York New York Zoning Law and Practice Report, November/December

2 JOANNE DARCY CRUM, L.S., ESQ. Joanne Darcy Crum, focuses her practice on legal issues including litigation and litigation support involving boundary disputes, easements, zoning, municipal law, title insurance and land titles; professional discipline for design professionals; and small business aspects of governmental contracting and certification for Minority, Women, and Disadvantaged Business Enterprises (MWDBE). * Licensed as a Land Surveyor since 1985 * Licensed in NY, NJ, FL * 25 years in business * NYSED OP NYSBELS 10 years * Professional Discipline 25 years * NCEES NE Zone VP, Chair of EPS Committee Definition of Land Surveying Re: NYS Education Law Article 145 Section 7203 The practice of the profession of land surveying is defined as practicing that branch of the engineering profession and applied mathematics which includes the measuring and plotting of the dimensions and areas of any portion of the earth, including all naturally placed and man or machine-made structures and objects thereon, the lengths and directions of boundary lines, the contour of the surface and the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or re-establishment thereof. 2

3 Definition of Land Surveying A survey is the opinion of a Registered, Licensed Land Surveyor or Registered, Licensed Professional Engineer holding the "m" exemption, which is based on measurements, research, mathematical computation, analysis, and professional judgment consistent with rules of evidence, legal precedents, and in accordance with the applicable laws of New York State. This opinion is typically in the form of a graphic presentation (i.e.: map, electronic file, field monumentation, etc.) a written report (i.e.: Survey Report, suggested legal description, correspondence) or expert testimony. Etc Definition of Land Surveying Practice Guidelines promulgated by NYSED OP Can be found at 3

4 NYSED requirements for licensure Licensure Education Experience Examination Comity NYSEDOP SBELS State Board for Engineering and Land Surveying Appointed by Regents for 5 year term (2 terms) Professional Discipline and extended members Preparation of Professional exams Review and propose legislation affecting the professions National Council of Examiners for Engineering and Surveying (NCEES) 4

5 Types of Surveys Boundary ALTA Topo Engineering Types of Surveys Route Hydrographic Control Plot Plans and Site Plans 5

6 Other Services Planning Board representation Zoning Board of Appeals Board of Assessment Review Expert Witness Project Research What is involved in a Boundary Survey? Research Fieldwork, what we locate and how we do this 6

7 What is involved in a Boundary Survey? Office computations and analysis, reconciliation of field vs. record calls, treatment of field evidence Priority of called for monuments Natural Manmade Bearings Distances Acreage What is involved in a Boundary Survey? Determination of boundary lines Field monumentation Preparation of map Suggested legal descriptions certifications 7

8 Title Research vs. Title Search Surveyors don t care too much about mortgages except as a tool to show that a parcel was likely conveyed and perhaps the deed not recorded Or taxes paid Satisfactions of mortgages except that it may show when the parcel was conveyed Title Research vs. Title Search Research of census records Research of census records Surrogates/probate records (i.e. daughter or second marriage names) 8

9 Title Research vs Title Search Highway mapping Use of atlases for names of possible owners State Archives and Manuscripts at New York State Library/Office of General Services/NYSDEC Title Research vs Title Search Research at Historical Societies and Museums Old photos within the possession of clients Misc. record filings and use on mapping 9

10 How Surveys are priced Location Relative location from Surveyor Type of survey Time frame How Surveys are priced Physical conditions Distance around the parcel Irregular shape Road frontage/off road Wooded/open Steep/level Farm/village Stone walls, hedges, wire fence, existing pins or pipes, marking line 10

11 Hair shirts and horror stories Title policy and setting pins Town of Glen Mortgage on the wrong lot Carlisle 11

12 Hair shirts and horror stories Oops, we forgot a lot or two Chestnut Street, Cherry Valley We must own the property!! It s our outhouse! 12

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14 How your surveyor can assist you in your case Surveyors can provide a wealth of information as you prepare for litigation or for settlement They have been to the site and know it well Surveyor can help determine the strength of your case How your surveyor can assist you in your case It is likely they have spoken with the neighbors and can provide insight as to temperament of the parties They can assess the likelihood of success in settlement negotiations They can get the parties together and identify the main issues of concern 14

15 How your surveyor can assist you in your case Cooley s Dictum-Surveyors as Mediators, surveyor is in a position to facilitate a settlement that needs only to be memorialized by the attorney Neighbors tend to be less suspicious of the surveyor and recognize they are likely to be a neutral party Neighbors will discuss their true concerns with the surveyor and provide info the client conveniently neglected to share Contact Information Joanne Darcy Crum, L.S. 479 West Main Street, Cobleskill, N.Y Joanne@JDarcyCrum.com Joanne Darcy Crum, Esq. Lemery Greisler LLC Smart Business Sense 50 Beaver Street, Albany, N.Y JCrum@LemeryGreisler.com 15

16 Questions?? 16

Land Surveys and Real Property Boundaries

Land Surveys and Real Property Boundaries There are primarily 5 types of surveys performed on real property in the State of Indiana: Original, Retracement, Route, and Surveyor Location Report (SLR). Lenders