Property owners have rights and protecting those rights was a central part of the Founding Fathers' goals. Nevertheless, there are certain circumstances in which owners can have their property taken from them. The process through which private property is legally dispossessed by the government is known as condemnation. Property owners are entitled to fair compensation and have the opportunity to offer their own valuation information in condemnation proceedings. There are various factors to consider for accurate property valuation: size, zoning, structures, use, accessibility, adjacent properties, leases, etc. An essential part of due diligence is determining precisely what the property comprises.
Retention of a professional land surveyor prior to purchasing land, planning, developing or designing improvements is vital to protect the investment. In New York, only a survey made by a licensed land surveyor can define the size and location of property purchases, and most importantly, accurately convey what is really happening on the property, such as easements, situations with adverse possession, or indentifying structures in relation to existing certificates of occupancy.
Easements can benefit or burden a number of parties on or around certain tracts of land. Easements are common on most parcels of land. An easement can give one the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property for various different uses. Many surveyors today do not thoroughly research properties and do not always show easements on their work that may be crucial to the rights associated with a parcel of land.
Now more than ever, it’s important for a land surveyor and lawyer to work as a team. The services of an experienced land surveyor can prevent future expenses or even the undertaking of defending a lawsuit.