Surveying and Land have lots of myths, partial truths, misconceptions and beliefs. Take a look at a few widely held common knowledge concepts.
“Legal Description? I have that on my tax statement.”
Well, actually you don’t. That abbreviated writing is NOT a legal description. It was written for the convenience of the County Appraiser as a location and is not copied from your deed ON PURPOSE. It is not and never was intended to be a legal description. It may, however, help us find your actual recorded description. If you have title insurance, then we would like to see Schedule A & B of the Title Commitment.
“The line is in the middle of the road, right?”
This would make things simple if only it was actually true. Eastern & Central Kansas has many, many rural roads that were not opened on the section line on purpose, let alone the ones that were not built on the line in the first place. Many other roads have been pushed away from hedge rows through road maintenance or realigned due to a culvert or bridge. State Highways are usually not center on the Section lines anyway. And section lines do not magically drift to the “correct” position (middle of the road) over a period of years, nor do the roads mysteriously move themselves to the Section lines!
“That old fence has to be the line between me and my neighbor, it’s been there a hundred years!”
This statement refers to the legal doctrine of adverse possession. Click here for a basic definition of adverse possession. Time is only one element of adverse possession (there are four more). The key here is that you are claiming what is, on paper at least, owned by another (that’s why it’s called adverse possession). This can only be true if the fence is in the wrong place! Granted, fences are often good evidence of where a line was originally assumed or guessed to be. But be aware: no fence or statement can change a section or quarter section line. They are fixed by law. You may claim to own by adverse possession land in another section or quarter, but adverse possession can never, ever change a section or quarter section line (Swarz v. Ramala, 63 Kan. 633). Also, only the courts, through a quiet title action, can make the determination of adverse possession, so don’t tell me I have to use that there old fence simply because its been there a long time. We just might tell you that we left our black robes in the other truck! 😉
“My place had to have been surveyed, it was sold several times before I bought it.”
Unfortunately for the new buyer, this statement is most likely false. Kansas was (and somewhat remains) a buyer beware state. Too often neighbors, realtors or the former owners will tell the buyers where they think the boundary lines are without any real knowledge other than “this is what I was told when I bought it” or “this is where someone told me once where the line is.” After all, guesses are free, at least for the time being. Generally speaking, the more expensive the property, the greater the chance that it has been recently surveyed. Also, a product put out for Title Insurance reasons, the Mortgagee Title Inspection (MTI), has added to the confusion over the years. See our Work Order for an explanation of what the MTI does and does not do for boundary lines. As a potential buyer, you should insist that your new property have a boundary survey done, if nothing else for your own piece of mind. We regularly see stunned and dismayed land owners that now regret not having had their place surveyed at the time of purchase.
“With GPS, can’t you just put some coordinates into your satellite machine and come out and show me my land? Shouldn’t take but a minute!”
Our sophisticated GPS units and a yard stick have a lot in common. They are both just tools you can use to measure a distance. When the framework for boundaries in Kansas was laid out in the mid 1800’s, there was but one satellite in the sky. The Moon. If none of the boundary corners are given in highly accurate Latitude and Longitude or State Plane Coordinates, which is extremely unlikely, then no amount of technology will pin point a location in of itself. Also, the distance between any two lat/long points changes with elevation. The closer to the center of the earth, the closer those coordinate pairs are together. Besides, and this is the most important point, it’s the application of historical surveys and legal principles to your legal description that determine the locations of boundary lines, not the tools. Having a well appointed and stocked kitchen doesn’t make you a Master Chef!
“I need a survey. How much will it cost?”
One of the problems with estimating surveying fees is that it is a professional service. Most professional fees are time based. How much time is needed to do a survey is NOT necessarily dependent on the size of the tract or lot. As legal descriptions are unique, so are most boundary situations and so is the time needed to survey a particular tract. Expect a surveyor to ask a lot of questions about what, where and why. Don’t be surprised if you can’t get an answer immediately. It would be a little like calling up an auto mechanic and saying “My car doesn’t run, how much will it cost to get it fixed?” and then expecting an immediate quote over the phone.
“I need to find an engineer to locate my property lines.”
No, you need a Professional Surveyor. Professional Engineers (PE) are not authorized to do any surveying of “real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys of the public land survey system.” It’s state law. KSA 74-7003 (p) (2).
“I pay taxes to the middle of the road.”
Well, no you don’t. Even if the road was opened up “on the line” (see above), the county appraiser, by law, gives you ample credit for that part used by the public as an easement. And this applies to State and Federal highways too. While you may own to the “middle of road” (see above), you are not paying taxes on the land area used as an easement. This is why the Appraiser’s area is invariably less than the actual area. This myth is a personal favorite of ours because it is so common and so not true!
“Your survey is wrong. See, look here at the county appraisers map.”
The GIS systems statewide are excellent tools put together by highly trained and professional mappers. But due to a lack of actual photo identifiable ground control, these dedicated folks are not only forced to make assumptions as to location of section corners, but they also have to abide by the State’s Property Valuation Division rules on property mapping. All GIS maps have a note that reads something like “Not survey accurate”. Be assured that they really mean it.