Frequently Asked Questions About Easements & How to Hire a Land Surveyor: Questions to Ask and Red Flags to Avoid & Understanding Surveyor Qualifications and Credentials & Essential Questions to Ask Potential Surveyors & Red Flags That Signal Problems & Evaluating Surveyor Proposals and Contracts & Working Effectively with Your Chosen Surveyor

Can I build a fence across an easement? It depends on the easement type and terms. Many utility easements allow fences with gates providing access. The utility company might require specific gate types or widths. Access easements typically prohibit any obstruction, including fences. Drainage easements might allow fences that don't impede water flow. Always check easement documents and consult with easement holders before building. Installing prohibited fences risks forced removal at your expense.

Do easements expire if not used? Generally, no. Most easements continue indefinitely regardless of use. Some states require occasional use to maintain prescriptive easements, but express easements typically don't expire from non-use alone. Abandonment requires clear intent to relinquish rights, not mere non-use. The easement holder must take affirmative action suggesting permanent abandonment. Simply not using an access road for years doesn't terminate the easement. This permanence makes easement investigation crucial before assuming they're extinct.

Can I be forced to grant an easement? Yes, in certain circumstances. Easements by necessity can be imposed when property division creates landlocked parcels. Government entities can condemn easements for public purposes like utilities or roads, paying compensation. Courts might impose easements to resolve boundary disputes or prevent inequitable situations. However, forced easements are relatively rare and typically require extreme circumstances or public benefit. You can't be forced to grant easements simply for neighbor convenience.

Who pays property taxes on easement areas? The underlying property owner typically pays taxes on the entire property, including easement areas. Easements are interests in property, not separate ownership, so they don't create separate tax parcels. However, conservation easements might reduce assessed values and property taxes. Some jurisdictions offer tax incentives for granting public access or conservation easements. Utility easements generally don't affect taxes unless they significantly impact property value.

What happens to easements when property is foreclosed or sold for taxes? Easements typically survive foreclosure and tax sales, as they run with the land rather than depending on specific owners. Buyers at foreclosure or tax sales acquire property subject to existing easements. However, some easements created as part of defaulted mortgages might be extinguished. Government tax sales might clear certain easements depending on state law and sale type. Always research easements independently when buying through foreclosure or tax sales.

Can easement holders make me maintain the easement area? Maintenance obligations depend on easement terms and state law. Many easements place maintenance on the easement holder, particularly for access roads or utilities. However, property owners often must maintain vegetation that doesn't interfere with easement use. Some easements require property owners to share maintenance costs. Review easement documents carefully for maintenance provisions. If unclear, state law typically places maintenance on the party benefiting from the easement.

How do I know if someone is trying to create a prescriptive easement on my property? Watch for regular, open use of your property without permission. Someone repeatedly crossing your land, parking in the same spot, or maintaining a path might be establishing prescriptive rights. The use must be open, notorious, continuous, and hostile (without permission) for your state's statutory period. Document any unauthorized use and consider posting no-trespassing signs, sending written objections, or granting revocable licenses to prevent prescriptive claims.

Easements represent complex property rights that significantly impact ownership, value, and use of real estate. Understanding easements affecting your property enables informed decisions about purchases, improvements, and sales. While easements can burden property with restrictions and obligations, they also provide essential services and access that make modern property use possible. Successful property ownership requires recognizing easements as permanent features requiring ongoing management rather than obstacles to overcome. Through careful research, documentation, and professional guidance when needed, property owners can live successfully with easements while protecting their property rights and values.

When Jennifer and Mark Hughes needed a property survey for their planned addition in suburban Denver, they made what seemed like a smart financial decision. They hired the cheapest surveyor they could find on Craigslist, saving $400 compared to other quotes. The surveyor arrived in an unmarked pickup truck, completed the work in two hours, and provided a hand-drawn sketch a week later. When the building department rejected the survey as inadequate, they discovered their "surveyor" wasn't licensed, carried no insurance, and had used consumer-grade GPS equipment. The municipality required a proper survey from a licensed professional, costing $1,200. Worse, the original "survey" showed incorrect boundaries, and they'd already paid a contractor $3,000 to excavate in the wrong location. Their attempt to save $400 ultimately cost them $4,200 in redundant surveys and wasted site work, plus six weeks of construction delays.

Selecting the right land surveyor represents a critical decision that affects property transactions, construction projects, and legal disputes for years to come. According to the National Society of Professional Surveyors, approximately 15% of property surveys contain significant errors that could affect property rights or construction decisions. While most of these errors come from unlicensed or unqualified practitioners, even licensed surveyors vary dramatically in experience, equipment, and attention to detail. Understanding how to evaluate surveyors, what questions to ask, and which red flags signal potential problems can mean the difference between a reliable professional survey and an expensive mistake that haunts your property ownership.

Professional licensure represents the fundamental requirement for anyone performing property surveys. Every state licenses land surveyors through examination and experience requirements, though specific standards vary. A licensed surveyor has demonstrated minimum competency in surveying principles, law, and mathematics. They've passed rigorous examinations and typically completed four years of supervised experience under licensed surveyors. Licensing provides accountability through state boards that investigate complaints and discipline violations. Never hire anyone to perform boundary surveys who isn't licensed in your state, regardless of their experience in other states or their compelling sales pitch.

Education and training backgrounds vary among licensed surveyors, affecting their capability for complex projects. Many surveyors hold bachelor's degrees in surveying, geomatics, or civil engineering, providing strong theoretical foundations. Others entered through associate degrees or apprenticeships, gaining practical experience over academic knowledge. Both paths produce competent surveyors, but complex projects benefit from stronger technical backgrounds. Ask potential surveyors about their education and how they stay current with technological advances and legal changes. Continuing education requirements vary by state, but engaged professionals exceed minimums.

Professional associations indicate commitment to the profession beyond minimum requirements. Membership in national organizations like the National Society of Professional Surveyors (NSPS) or state surveying associations suggests professional engagement. These organizations provide continuing education, establish ethical standards, and promote best practices. Some surveyors earn additional certifications like Certified Federal Surveyor for government work or specialized training in GPS technology. While association membership doesn't guarantee quality, it suggests professional commitment beyond simply maintaining licensure.

Experience depth and breadth significantly affect surveyor competence. A surveyor with 20 years of experience has likely encountered unusual situations that challenge newer practitioners. However, experience should be relevant to your needs. A surveyor specializing in highway construction might struggle with residential boundary disputes. Ask about experience with properties similar to yours, challenges in your area, and specific services you need. Request references from recent similar projects. The best surveyors combine extensive experience with continued learning and technological adaptation.

Insurance and bonding protect you from surveyor errors and omissions. Professional liability insurance (errors and omissions) covers damages from survey mistakes, while general liability covers property damage during surveying. Most states require minimum insurance levels, but these might be inadequate for your protection. Ask for certificates of insurance showing coverage amounts and verify they're current. Some surveyors carry bonds guaranteeing performance or protecting against fraud. While insurance doesn't prevent errors, it provides recourse if problems occur.

Start your surveyor interviews with fundamental questions about their business structure and practices. How long have they been surveying in your area? Local experience matters because surveyors develop familiarity with local monuments, historical surveys, and common challenges. Do they have physical offices or work from vehicles? Established offices suggest stability and record-keeping capability. How many survey crews do they operate? Single-person operations might offer personalized service but lack capacity for urgent needs or complex projects requiring multiple personnel.

Scope and methodology questions reveal how thoroughly surveyors approach their work. What exactly does their quoted survey include? Some quotes cover only field work, while others include research, monumentation, and multiple drawing copies. How much research do they perform before field work? Thorough surveyors investigate historical surveys, neighboring properties, and recorded documents. What equipment do they use? Modern GPS and robotic total stations provide superior accuracy to older equipment. How do they handle discrepancies or missing monuments? Professional approaches to common problems indicate experience and judgment.

Timeline and scheduling discussions prevent frustration and project delays. What's their current workload and realistic completion timeframe? Surveyors promising immediate service might be desperate for work, while those booked months ahead might be worth waiting for. How do weather delays affect scheduling? What's their policy for rush orders? Understanding scheduling helps coordinate with other contractors and closing dates. Ask about their communication practices—will they notify you of delays or discoveries requiring decisions?

Pricing transparency helps avoid surprise charges and compare proposals fairly. Does the quote include all services needed for your purpose? What might trigger additional charges? Some surveyors quote low base prices then add charges for every monument set, drawing copy, or research hour. Others provide comprehensive fixed prices. How do they handle unexpected complications like disputed boundaries or extensive monument replacement? Understanding potential additional costs prevents budget overruns. Request written proposals detailing included and excluded services.

References and work samples demonstrate surveyor capability and reliability. Ask for references from recent similar projects, not just a generic list. Contact references and ask specific questions: Was the survey completed on time? Were there unexpected charges? Did the survey meet its intended purpose? Would they hire the surveyor again? Request sample surveys to evaluate drawing quality, detail level, and clarity. While client names might be redacted for privacy, the surveyor should provide examples demonstrating their work quality.

Unlicensed practice represents the most serious red flag, yet it occurs surprisingly often. Anyone offering to perform boundary surveys without state licensure is breaking the law. This includes retired surveyors whose licenses lapsed, engineers without surveying licenses, or experienced survey technicians working independently. Some claim they're providing "property line location services" or "boundary consulting" to avoid licensing requirements. These semantic games don't change the legal requirement for licensure. Verify license status through state board websites, not just surveyor assertions.

Extremely low prices often indicate corners being cut or lack of understanding about survey requirements. While price variations are normal, quotes significantly below others suggest problems. The surveyor might be unlicensed, uninsured, or planning inadequate work. They might quote low to secure work then add numerous charges. Some provide only rough sketches rather than proper survey plats. Others skip research or monumentation. Remember, you're not just buying a drawing but professional expertise and legal accountability. Suspiciously low prices usually deliver correspondingly low value.

High-pressure sales tactics suggest desperation or dishonesty. Professional surveyors are typically busy enough that they don't need aggressive marketing. Be wary of door-to-door solicitation, especially after natural disasters or during neighborhood construction. Avoid surveyors who pressure immediate decisions or claim special pricing expires today. Legitimate professionals understand clients need time to compare proposals and check references. Those using fear tactics about property loss or legal problems if you don't hire them immediately should be avoided.

Lack of professional presence indicates potential problems. While not all surveyors maintain elaborate offices, complete absence of professional infrastructure is concerning. Surveyors working from unmarked vehicles, using free email addresses, or lacking business cards might be moonlighting without proper authorization. Those who can't provide insurance certificates, written proposals, or professional references likely aren't established professionals. Meeting at coffee shops rather than offices, accepting only cash payments, or reluctance to provide written agreements suggest informal operations that provide little recourse if problems arise.

Poor communication during initial interactions predicts future problems. Surveyors who don't return calls promptly, miss appointments, or provide vague answers to specific questions will likely be worse after you've paid them. Those who can't clearly explain their process, timeline, or pricing probably lack either competence or honesty. Surveyors dismissive of your concerns or impatient with questions might provide technically adequate surveys but poor service. Since surveys often require clarification or generate questions, good communication is essential.

Comprehensive proposals should detail exactly what services you're purchasing, eliminating ambiguity about deliverables and costs. The proposal should specify the type of survey (boundary, topographic, ALTA, etc.) and applicable standards. It should list specific tasks: research extent, field procedures, monuments to be set, and documents to be provided. Vague language like "survey as needed" or "standard boundary survey" leaves room for disputes about what's included. Detailed proposals protect both parties by establishing clear expectations.

Deliverable specifications prevent disappointment about what you receive for your money. How many copies of the survey will you receive? What format—paper, PDF, CAD files? Will you receive digital photographs of monuments? Is a written legal description included? Will the surveyor file the survey with the county? Some surveyors charge extra for each additional service, while others include everything in base pricing. Understanding deliverables ensures you receive everything needed for your purposes without unexpected additional charges.

Timeline commitments should be realistic and specific, with provisions for delays beyond anyone's control. "Two to three weeks, weather permitting" provides more certainty than "as soon as possible." Understand what starts the timeline—contract signing, payment, or research completion? What happens if weather, equipment failure, or discoveries requiring additional research cause delays? Some contracts include liquidated damages for late completion, while others simply promise best efforts. Balance your urgency needs with reasonable allowances for unforeseen circumstances.

Payment terms vary significantly among surveyors and should be clearly understood before work begins. Some require full payment upfront, others upon completion, and many use deposit systems. Understand when payments are due and whether partial payment triggers partial work. What payment methods are accepted? Are there discounts for immediate payment or charges for late payment? Who pays for recording fees or additional copies? Clear payment terms prevent disputes and ensure smooth project completion.

Liability limitations and dispute resolution clauses deserve careful attention. Many contracts limit surveyor liability to the survey fee, which might be inadequate if errors cause significant damages. Some include arbitration clauses preventing lawsuits. While some limitations are reasonable, excessive liability shifting suggests the surveyor lacks confidence in their work. Understand what recourse you have if the survey contains errors or doesn't meet specifications. Professional surveyors stand behind their work with reasonable guarantees and appropriate insurance coverage.

Preparation before the surveyor arrives maximizes efficiency and accuracy. Gather all available property documents: deeds, previous surveys, title reports, improvement location certificates, and tax assessments. Mark any known or suspected property corners with flagging. Clear vegetation from suspected boundary lines if safely possible. Notify neighbors that surveying will occur to prevent confrontations. Ensure gates are unlocked and dogs secured. The better prepared you are, the more efficiently the surveyor can work, potentially reducing costs and timeline.

Communication during the survey process ensures your needs are met and questions answered. Discuss any specific concerns or areas requiring special attention. If you're planning improvements, share those plans so the surveyor can provide relevant information. Be available during field work to answer questions or provide property access. However, avoid hovering or directing the surveyor's work. Ask questions during appropriate breaks rather than constantly interrupting measurements. Professional surveyors appreciate engaged clients but need focused time for precise work.

Understanding survey results requires asking questions when receiving your completed survey. Have the surveyor explain any discrepancies discovered, easements identified, or encroachments found. Understand what monuments were found versus set. Learn what the various symbols and notations mean. Discuss any limitations or qualifications noted on the survey. This is your opportunity to fully understand what you've purchased. Don't hesitate to ask for clarification on technical terms or legal implications. A professional surveyor should patiently explain their work in understandable terms.

Maintaining the surveyor relationship provides value beyond the immediate survey. Keep the surveyor's contact information for future questions or additional services. They can provide updates if laws change or neighbors challenge boundaries. If you need construction staking, monument replacement, or testimony in disputes, your original surveyor knows your property best. Some surveyors offer reduced rates for repeat clients or annual monument inspection services. Building a relationship with a competent surveyor provides ongoing property protection.

Document preservation ensures your survey investment retains value over time. Store original surveys in fireproof safes or bank deposit boxes. Keep working copies accessible but protected. Scan surveys for digital backup. Record surveys with the county if permitted, creating permanent public records. Maintain correspondence with the surveyor including proposals, field notes, and explanations of unusual findings. Photograph monuments after the survey for future reference. Proper documentation preserves your investment and provides evidence for future needs.