EXPERT WITNESS SURVEYING MAPPING TESTIMONY
Analysis of various legal descriptions and survey maps; field locating of record, existing monuments, and physical features; and mapping showing this information for the purpose of presenting a visual exhibit to be used in a courtroom.
- Expert Witness Testimony
- Environmental Consultanting
- Legal Descriptions & Deeds
- Liason for Municipalities
- Variance Applications
- Wetlands Applications
- Zone Changing Requests
- RIPIRIAN RIGHT SURVEYS
- Beach Enhancements
- Riparian Surveys
- Property and Easement Descriptions
- Trip and Fall Surveys, Maps & Diagrams with High Resolution Photos & Color Features
- Photodynamic Surveys
- Vehicular Accident Diagrams
- Forensic Surveys
- Legal Affidavits
- Boundary Disputes
BOUNDARY DISPUTE AND COURT APPOINTED SURVEYS
The best advice we can offer, if you are becoming involved in a Boundary Dispute, is to settle it in a friendly manner with your neighbor.
Minor problems can quickly escalate into full scale disputes that take, sometimes, many years to settle through the Courts. The Court process is costly.
Boundary disputes may be overcome by appointing a surveyor to ascertain the correct location of the boundary. The two parties to the dispute may instruct their own surveyor and the two surveyors may be able to settle the matter between them.
Owners sometimes jointly appoint one surveyor to investigate the location of the boundary and make a decision. If the parties have agreed that the surveyor should be appointed as an arbitrator in the dispute then his/her decision would be binding on both parties. Similarly, the parties may appoint a surveyor as an independent expert to settle the matter.
PROPERTY EASEMENTS & LEGAL DESCRIPTIONS
The conveyance of land rights or land entitlement requires a written Legal Description that accurately describes and locates the parcel of land with an accompanying Map. Ferrantello Group, P.C. prepares Legal Descriptions and Mapping for lot line adjustments, lot mergers and/or acquisitions, public and private easements and dedications, zoning applications and redevelopment districts.
Ferrantello Group, P.C. provides all services regarding the writing, mapping, staking of and field survey for property easements and rights of way.
Below are some facts about easements and rights of way
FACTS ABOUT EASEMENTS AND RIGHTS-OF-WAY
EASEMENT - An easement is the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property.
RIGHT-OF-WAY - A right-of-way is a type of easement that gives someone the right to travel across property owned by another person.
An easement can benefit a property. Ms. Smith owns a tract of land that borders the Nantahala National Forest, a popular area for hiking, climbing, rafting, and fishing. Mr. Scott lives next door to her, but his land does not touch the National Forest. To avoid trespassing, he must access the Forest by walking or driving to a public entry point.
Instead, Ms. Smith grants an easement allowing present and future owners of Mr. Scott's property to cross her land to access the National Forest. It becomes part of the deed for both properties. An easement can benefit an individual or a business entity.
In the example above, a tract of land was granted an easement so that its owners could use a neighbor's land to access a public area. Ms. Smith could grant an easement to another individual to do the same, but without adding it to her deed. That type of easement normally expires at a specific time or event or upon the death of the person who benefits from it.
- An easement may give a utility company the right to erect power lines or bury a gas pipeline across a tract of land.
- A housing development might possess an easement that allows it to build and maintain a water storage facility.
- Both easements above would probably be included in a deed description and remain in place if the land is sold.
HOW DOES AN EASEMENT AFFECT THE PERSON WHO GRANTS IT?
The landowner who grants an easement usually cannot build structures within an easement area or use fencing that would hinder access. Other activities might also be prohibited. Before you purchase property you should know where all easements are located and what restrictions are associated with them.
CAN EASEMENTS AFFECT PROPERTY VALUES?
- Several easements on a tract of land might seriously limit the choice of building sites
- High tension power lines running through an easement near an otherwise great building site can be unsightly. Resale values may be affected since many people feel that living too close to power lines is a health risk
- Buyers may simply not like the idea that others have a right to use the land in some way. Don't assume that because an easement is not currently being used it will never be used. As long as an easement is a part of your deed there's always a possibility that the individual who benefits from it will decide to enforce it.
Talk to an experienced real estate attorney to find out how and when an easement can be terminated.