The Case for Monumentation

Wisconsin Administrative Code chapter AE-7 details the minimum standards for property surveys conducted in the state of Wisconsin.  This chapter allows for certain requirements to be waived by the client.  Of the minimum standards, all items with the exception of a map of the work performed can be waived*.  Therefore, one of the exceptions allowed is that of the monumentation of the parcel of land surveyed.  It can be argued that the monumentation of the lot is the most important part of the survey performed and should only be waived in extraordinary circumstances.

I have stated that the map cannot be waived.  The map provided to the client will typically show the boundary lines of the lot with the exact length and bearings of those lines, any monuments found or set, the size and material the monuments are made of, a tie to the U.S. public land survey system, and a legal description.  Because the map shows the property, many clients believe that the value of the surveying services they have paid for is therefore the map.  So if that is the case, then why is monumentation so important?

A land owner who hires a Professional Surveyor to prepare a boundary survey of their property may only see a field crew for a few hours and assume that is the extent of the work being done.  There is however a significant amount of work performed beyond the brief time spent on the lot.  There is the researching of deeds and old surveys, calculating of the boundary, drafting of the map, the locating of monuments found on the lot and adjacent lots to tie into subdivision corners, or U.S. public land survey monuments, and the possibility for much more additional work depending on local requirements.  For many surveys, the time spent retracing the legal descriptions, boundaries, and everything else done to complete the boundary can easily exceed the actual time spent on the lot. 

It is now apparent that a significant amount of time can be invested in the retracement of a parcel of land.  Many monuments on the lot and on adjacent lots will be located.  Government section corners possibly a mile away may need to be located.  In order to prepare a survey a surveyor must have a preponderance of evidence to show where the lot corner is.  Case law states that legal descriptions, and a survey maps are only guides to the monuments.  Case law also confirms that found original monument locations hold over the bearings and distances found in the legal descriptions and shown on other survey maps.  Artificial monuments are second only to natural monuments as evidence.  A survey that is prepared where missing monuments are not placed in the ground opens the door for misinterpretation of the map in the future.  A misintrepretation of the map would then render all of the above listed work a waste of time except for the time to draft the map.  A survey map without monuments is simply a pretty picture. 

In my next article, I will discuss the reasons for waiving lot corner monumentation.

 

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*A U.S. public land survey monument record, if required, may not be waived either.  This record generally benefits the surveying community, and the general public more than it does the client paying for the survey.

Your Land and the Land Surveyor

Information taken from the Wisconsin Society of Land Surveyors website. What is a property survey? A property survey describes, maps and locates land ownership boundaries and corners, features and improvements. Why should a property survey be made? Land and its improvements are a major financial investment; therefore, all land ownership boundaries should be located, monumented and mapped by a property survey and filed in public records. When should property be surveyed? When property is divided into parcels for sale or development. When property is to be sold, purchased or mortgaged. When property improvements are planned or to be developed. When government regulations require a survey and map of your property. When the location of property boundaries or corners is uncertain. When property trespass or encroachment is evidenced or suspected. How is a property survey obtained? Property surveys must be performed by a Professional Land Surveyor who has been licensed by the Wisconsin Department of Regulation & Licensing , P.O. Box 8935 at Madison, Wisconsin 53708-8935; Phone (608) 266-2112. Consult local attorneys, local government offices, realtors, bankers, title insurance companies and the phone directory “Yellow Pages” for local area land surveying firms. What will a property survey cost? Costs depend upon many conditions, such as: availability and adequacy of property records. previous surveying monuments and mapping. difficult terrain, heavy foliage and access. survey complexity and regulatory compliance. inclement weather and seasonal conditions. other limitations, service costs and expenses. An estimate of cost and a time schedule will normally be provided in writing by the Land Surveyor. What will the surveyor do for me? The legal description of your property and related records will be evaluated and a survey made to locate, measure and monument the property boundaries and corners so they can be easily identified. A record of survey measurements, notes and computations will be made, a survey plat or map prepared for public records, and copies provided as may be required. The property survey will be completed in compliance with applicable state, county and other local government laws, codes and regulations. You will be informed of the discovery of any property description, boundary location, trespass, encroachment or other related problems that you should be aware of. Upon completion of the property survey, it is recommended that the boundary corner monuments be protected and preserved by the property owner. What information will the surveyor need for a property survey? A copy of property deeds, abstract of title or title insurance commitment and maps and other available information relating to the property. If necessary, meet the Land Surveyor at the survey site for inspection or consultation. Consult with the Land Surveyor at the earliest opportunity; in some cases a survey may require several weeks to complete. A survey is a good investment. Professional land surveying and mapping services will involve less time, concern and expense than moving a building or other improvements, revising your land development plans or defending a land boundary dispute in a court of law. To prevent or deter such litigation, undue costs and inconvenience, retain the services of a Professional Land Surveyor prior to any land investments and property developments. Historical impact of surveying. Since 5000 BC, surveying has served the political, economic and social needs of our society by defining and locating property boundaries, features and improvements. In Wisconsin, the original survey of our lands into townships, ranges and sections began in 1831, from the border with Illinois and northward until completion in about 1865. From the Egyptian “rope stretchers,” ancient surveying measurement tools have progressed to the chain and compass, to the transit and tape, to electronic distance and directional instruments, to the current GPS satellite receivers for modern surveying and mapping. Computation and mapping tools have also progressed from manual devices and methods to electronic computers for calculations, data bases and computer aided drafting (CAD).