Author: allcidmin

Owning property can be a proud moment for any person. While most people look forward to owning the building on that property, the land offers many issues that any homeowner will have to face. One of those issues is having to determine what you own based on where your property is located. You’re going to find many things along your property line, ranging from fences to sheds. One of the most difficult objects to move is a tree. When it comes to a tree being on your property line, there are many laws that get in the way of the removal of that tree. This is when you should call a land surveyor to see what you can do to get rid of said tree. 

So the first real question is “who owns the tree”? When a tree is suspiciously close to your property line, it may be difficult to determine its exact location. The tree’s location is what will make its removal that much more difficult. It’s important that you locate the tree relative to where your property line is before you move forward with any removal.  

That’s where the surveyor gets involved.  Before you can make a determination of whether or not you can trim or cut down the tree you first have to make a determination as to where the tree is located in reference to the property lines. A land surveyor has the knowledge to locate your property lines and also mark out where that line is on your property. Without the proper tools, locating your property lines can be almost impossible. Thanks to modern technology, a land surveyor can potentially survey your home and stake it out all in the same day.

You may be wondering what a stake is when it comes to land surveying. This references a marker, typically an iron pin or a wooden stake. A surveyor will place these markers, or stakes, at property corners to indicate where the property lines are. The homeowner can then tie a string off at each stake to physically lay out where their property lines are.  Another option would be to place markers along the property line in addition to the corners.   

Now that a land surveyor has located your property lines, you may be ready for trimming. Trimming the part of the tree that is on your property is legal but you can’t go onto your neighbor’s property.  Also, cutting the tree down is illegal unless you have your neighbor’s consent or the tree is causing a hazard.  And even then you would have to put the tree owner on notice that the tree is causing the hazard. Lastly, if the tree straddles the line then you both own it and if you can’t come to an agreement, then you would have to go to court.

According to Title 18, Chapter 1, Section 18-129 of the New York City Administrative Code, it is

illegal to remove, kill, or damage a street or park tree. Before removing any trees that are close to your property line, reach out to a land surveyor to help you determine where your property lines fall. Contact All County Land Surveyor PC today to see how we can help!

Whether you’re a homeowner or an enterprise level client, getting a survey done in the winter can seem like an impossible task. While most people have difficulty driving to work during a dusting of snow, land surveyors are expected to complete jobs that can range from the average home to acres of farmland. So this brings up the question, is it worth it to order a survey in the middle of winter? While land surveyors can run into issues surveying during the winter, there are many workarounds. The right company will always find a way to get the job done for you. Here are some common obstacles land surveyors run into during the winter and how they work around them. 

Low Visibility 

For any land surveyor, no matter what tool they’re using, being able to see what’s in front of you is vital. Whether they’re collecting direct measurements around a house or utilizing a total station, seeing what you’re measuring is absolutely necessary. Snowfall is one of the obstacles that would slow down a job the most. Snow can actually stop a total station from processing measurements. All this does though is slow down the job. For any persistent land surveyor, snowfall is just another element that disrupts the job. 

Locating Pertinent Information

While snowfall can slow down a job, most people would think snow on the ground would be even more disruptive. This stops a land surveyor from locating things like sidewalks, pavers, low curbs and other important things to include in a survey. Some surveyors would see this as a reason to postpone a job, but this shouldn’t stop most. Every great surveyor makes sure to include the tools required for any and all jobs in their work vehicle. This includes a snow shovel, an ice pick and anything else that can help to locate important information. 

Frigid Cold

The one variable that is constant in any land surveying job is the surveyor. Without the land surveyor, the job cannot be completed. Surveying is not an easy job for most people, and one reason that’s the case are the elements, and this includes single digit weather. While most people stay home during a winter weather advisory, you’ll find a land surveyor in the snow locating monuments. While skiers dress warmly a couple of times during the winter, a professional land surveyor will layer every single morning to make sure they can endure the coldest of climates for 8 to 12 hours. 

Nothing Gets in the Way

With all of that being said, a professional land surveyor that you can rely on will be there no matter how poor the temperature is. So don’t hesitate to call if you’re in need of a winter job that requires a quick turn around. All County Land Surveyor will be there for you no matter what the conditions! Call us today!

Plat problems: Surveyor tells county about problems with subdivision’s layout
By Jamie Kelly editor@willistonherald.com May 16, 2018 on Williston Herald

A subdivision in Williams County might need to be re-surveyed, and it isn’t clear who will need to bear the cost of that, the Williams County Commission heard Tuesday morning.

Blake Sexton, a surveyor, told the commission that he’d been hired to lay out the property lines of a lot in the Muddy Valley subdivision, which is located off 54th Street East, when he found a problem.

“It’s apparent there’s a discrepancy between the official plat and what’s on the ground,” he said.

After discovering the issue with the boundary lines he’d been hired to survey, he looked into it further.

“The issue is not just limited to one or two lots or the one block,” he told commissioners.

The problems include the fact that the current road is not where the road should be according to the plat, and that there aren’t the right easements recorded. With homes being built there, that means people could start using property they think belongs to them but actually belongs to a neighbor.

“There’s a whole lot of issues going on here,” Sexton said.

He said he brought it before the commission because state law has a provision for a corrected plat to be issued. That requires a public hearing with notice published 10 days ahead of time and the commission would have to pass a resolution saying the plat needed to be corrected.

Commission Chairman David Montgomery asked how the error happened. Sexton said it appeared the person who originally surveyed the subdivision, who worked for Westrum’s Land Surveying Inc. and has since retired made a mistake.
Under state law, the county would have to pay for the new survey and plat, and the cost would be assessed to property owners who benefited from the change.

Montgomery said it didn’t make sense for the county to be responsible for the error when the commission accepted the plat based on the recommendation of the original surveyor.

“It should fall back on the person who messed up,” he said.

Commissioner Martin Hanson agreed, saying unless the county hired staff surveyors to follow up on the work done by others, there was no way to check for errors.

“I have a real hard time figuring out why the taxpayers of Williams County are responsible for paying to fix someone else’s mistake,” Montgomery said.

He also wondered if it might be a better option for property owners to band together in court and force the original surveyor to fix the plat.

“It’s in the county’s jurisdiction,” Commissioner Steve Kemp said.

Sexton said he wasn’t sure if all of the property owners were aware of the problem.

“Well, they’re going to find out,” Montgomery said.

County attorney Karen Prout said the commission was the only body with the authority to fix the plat problems.

The commission voted unanimously to have Prout and County Surveyor Pat Beebe to research what the county should do next. They are expected to give their recommendation at the commission’s first meeting in June, which is scheduled for 8 a.m. on June 5.

Prior to 2008, the New York rule allowed for a broad interpretation of the elements of a successful adverse possession claim. New York recognized a successful claim even if the adverse possessor knew, upon occupation, that the land was another’s. Additionally, New York’s former law allowed for a wide range of productive activities that would be considered adverse. A claimant only needed to show that the land was “usually cultivated or improved” or “protected by a substantial enclosure” under his direction for the ten-year statutory period. The courts recognized that the simple acts of mowing the lawn or building and maintaining a fence for the statutory period were sufficient for successful adverse possession claims. Even the placement of shrubs was deemed sufficient.
Many legal scholars suggest that adverse users with intent to divest their neighbors of their property should not be rewarded for their malicious purposes. However, the intended focus of adverse possession was not on the knowledge of the industrious user, but rather on the failure of the title owner to act. Even if the adverse user was using and maintaining the property with the subjective intent to gain title through adverse possession, his objective could not be realized without the failure of the current owner to either (1) put his own land into production or (2) thwart the adverse user’s actions. Therefore, the owner cannot blame the adverse user’s occupation for his loss, but rather his own failure to be a personally responsible landowner by not regularly inspecting, maintaining, and controlling his own property.
Mowing the lawn, building a fence, and planting shrubs may be considered trivial acts at first glance, but a deeper examination reveals that these actions exemplify adverse possession’s intended principles. The owner’s failure to inspect, maintain, and control his property frequently prompted the adverse user to engage in these activities. Aside from the adverse user’s knowledge (or lack thereof) of ownership of the disputed property, his actions put the otherwise untamed property into productive use. These actions serve the community by conserving the neighborhood standard and maintaining property values. Furthermore, the adverse user provides this service through his own labor and expense. Therefore, when title transfers to the adverse possessor, it rewards him for picking up the slack of the now former owner. Likewise, the prior owner is penalized for neglecting his property, which, if not for the adverse user, would have fallen into unsightly disrepair.
Lastly, the former owner cannot claim that he is overly burdened by the requirements to inspect, maintain, and control his property. In New York, the owner could accomplish this responsibility simply by walking his land once every ten years and giving permission to those engaging in activities on his property. Failure of the owner to even engage in this simple activity clearly shows his lack of personal responsibility and care for his holdings. Once again, a primary goal of adverse possession is to award land to those “who value it much more highly than . . . the record owners.”