construction survey

If you are an architect, engineer or construction manager, then you are already well aware of how much time and energy go into creating the plans for a project. You cannot afford to jeopardize a project’s timeline and risk going over budget by breaking ground on a tract of land that you do not yet fully comprehend.

A construction survey preempts problems that can occur as the result of building on land you do not understand. It provides detailed information about the project site, and is frequently utilized as the base map for all subsequent construction planning and coordination. But what exactly does a construction survey include that makes it so invaluable to professionals and their clients? Let’s dig in to what you should know before you start digging!

Boundaries

One of the more basic functions of a construction survey is defining the property lines in a specific area. The necessity of understanding boundaries before commencing construction is quite clear: You do not want to inadvertently build on property that isn’t owned by your client. That’s called encroachment, and it only makes life better for lawyers who specialize in civil land disputes.

Easements

According to Cornell Law School, an easement is “the grant of a nonpossessory property interest that provides the easement holder permission to use another person’s land.” In essence, an easement permits one party to access and use another party’s land for limited, specific purposes.

If a parcel of land is subject to any number of easements, there may be legal implications to building on it or materially changing it in any other significant way. By inventorying all easements that apply to the land, a construction survey provides even greater assurance that you and your client will not end up in civil court.

Underground Structures

Sewage, water, electric, cable and telephone lines are commonly buried two to three feet underground. This poses an obvious hazard during any construction project which includes excavation: One misguided thrust with a backhoe bucket can instantly cause thousands of dollars in property damage. That is why no construction survey is complete until it maps out all valuable structures buried underfoot.

Existing Buildings

The locations of existing buildings should be obvious at first glance. Still, a comprehensive construction survey will map out all of their exact locations, as that information is invaluable to contractors who must deliver large amounts of materials to and navigate heavy machinery around the property.

Lay of the Land

No construction survey is complete without a topographic survey. In addition to mapping out various artificial and natural features, a topographic survey identifies all elevation changes within a parcel of land. This is invaluable information to have while planning a construction project, and may even alert the contractor that certain structures aren’t suitable for a parcel before they break ground.

New Structures

A construction survey does not exclusively catalog a land lot’s preexisting features. It also reflects the future locations of new roads, buildings, and other structures that will be created over the course of the project. That information gives the contractor a comprehensive overview of the project while there is still time to make changes, and prevents problems that arise when structures are placed too close to one another. If you want to build a new structure or significantly modify an existing one in Minnesota, North Dakota or South Dakota, then you will need a professional surveyor to create a comprehensive land survey. You risk several expensive setbacks without one! We welcome you to contact Compass Consultants of Perham, MN today if you wouldn’t like any surprises during your next project.

easements

Consider this hypothetical scenario:

You have purchased a nice parcel of woodland. It would make the perfect location to build your dream home, but there is no way to connect that home’s driveway to the main road unless you pave a tract through your new neighbor’s land. Unsurprisingly, your new neighbor is not enthusiastic about selling you a long, narrow strip of land that would effectively divide their property in two.

Fortunately, there is a legal way for your new neighbor to retain ownership of their land and still permit you to create a road on it: an easement.

According to Cornell Law School, an easement is “the grant of a nonpossessory property interest that provides the easement holder permission to use another person’s land.” In simpler terms, an easement gives a person or entity the right to (A) access another person or entity’s property, and (B) use it for a limited, specific purpose.

Affirmative vs. Negative Easements

In our hypothetical, the agreement between you and your new neighbor constitutes an affirmative easement. You have the right to access their property for a single, defined purpose: creating and using a road. Affirmative easements are commonly granted to electric companies, which must legally suspend and bury countless miles of cables across the large areas they service. Purchasing thousands of thin ribbons of land would be impractical (and create a bureaucratic nightmare), thus making easements the ideal solution for their needs.

Not all easements work the same way. For example, in exchange for granting you legal use of their land, your new neighbor may request that you build your dream home in such a way that does not block their view of a nearby pond. That would constitute a negative easement – one which doesn’t define what one party can do, but rather what they cannot.

The Six Types of Easements

Several types of easements are used in residential and commercial real estate. Let’s summarize the six you are most likely to encounter while you are purchasing property.

  1. Utility easements give utility companies rights to install equipment on private land which they do not own. Utility easements also give those companies’ employees legal permission to access and maintain equipment. Note that one utility easement may qualify as both affirmative and negative: In addition to preserving the utility company’s right of access, it may also prohibit the property owner from interfering with the utility company’s property (i.e. planting a tree that could grow until it touches powerlines).
  1. Private easements are created between two property owners. A private easement grants specific land use rights only to a specified person, group or agency – not the general public. Private easements typically only apply to the parties involved with their creation, and do not carry over to future owners of the same property.
  1. Easements by prescription may result from acts of adverse possession. If someone uses property they do not own in a hostile, open and notorious manner – and the owner of said property makes no reasonable attempt to stop them within a certain number of years – then the trespasser may actually receive legal rights to continue using that land. The moral of prescriptive easements is quite obvious: Do not let people use your land without your permission.
  1. Easements by necessity are created when private ownership of one parcel of land would make another parcel effectively worthless. Also known as access easements, they essentially allow the owner of one parcel of land to traverse another owner’s land when no other method for accessing their own land is practical. The government may also assign easements by necessity to the general public, as the Minnesota Department of Natural Resources does with trout stream easements.
  1. Easements by appurtenant can function in the same fashion as private easements or easements by necessity. What distinguishes an easement by appurtenant it its permanence: It remains attached to a property regardless of whether that property changes ownership, and as such can significantly impact how a new owner is able to utilize their property.
  1. Easements in gross do not define dominant and servient estates – and unlike easements by appurtenant, they do not necessarily remain attached to a property after it has been sold. An easement in gross sells another party the right to use land without giving them any legal ownership over it.

Should You Avoid Buying a Property That Has an Easement?

Owning a property that has easements may sound like more trouble than it’s worth. However, most easements don’t create very much inconvenience or significantly impact a property’s market value. Utility easements are often the cost of owning a property that is reliably supplied with electricity, gas and water. Many other easements simply give neighbors a way to enjoy the same beach, kids a way to walk safely to school, and other liberties that are invaluable to a cohesive community.

That said, there are easements which could make it impossible to make use of a property as you would like to. Read this message loud and clear: Never purchase a property without performing an exhaustive title search. You don’t want to learn about an easement or lien before it affects your rights as a property owner!

If you want to create an easement in the state of Minnesota, then you will need a professional land surveyor. Contact Compass Consultants of Perham, MN today if you would like the job done with speed, accuracy and peerless attention to detail!