AboutCliff Wagner Expertise General land survey questions, North Carolina specific land survey questions, measurement questions, surveying basics.
Experience I am a licensed land surveyor in the state of North Carolina with over twenty-five years of surveying experience. I am owner of a small survey company surveying Southeastern North Carolina.
Education/Credentials High School graduate
90 plus credit hours in Mathematics Curriculum
numerous continuing education classes
Expert: Cliff Wagner Date: 5/16/2008 Subject: Difference in deed acres vs. survey results
Question Hi Cliff: I'll try to keep this brief. We have a family farm in a very rural area of
Tennessee--102 acres according to deed and tax records. This land has been
in our family for 40 years; we've never had it surveyed. The deed is very old
and borders are indicated using archaic language such as "a boundary line
running north to an old poplar stump, creating 24 acres more or less." We
want to sell, so we have had a survey done by a local company run by a fellow
that we really like. The survey results indicate a fairly different looking plat
than we see on the tax map, and calculates at 83 acres, not 102. We asked
the surveyor about this, and his response was that, given the age of the deed,
and the lack of any recorded surveys of adjoining land, and the newer
technology, he is not surprised to see differences of 20% or so in these sorts
of situations. This is all kind of shocking--20 acres of land has evaporated
into thin air, and we don't know what our next move should be. What's our
next step? Thanks for whatever opinion you can offer.
Answer Bruce,
I understand why you would be upset. I run into this situation quite often and unfortunately there are few answers that will satisfy folks. Old deeds are often not based on actual measurements or were measured using poor techniques. Tax maps are created from these old deeds and until a survey is done no one knows how much land is there. I do have some suggestions for you that may be helpful, but please realize that if the survey is correct, you have not lost anything. The land has always been 83 acres, it just had a poor description. First off, have the surveyor review the survey with you and explain how and why the calls differ from the deed. Ask him to tell you what occupation or monumentation he found. Ask him to walk the boundaries with you, if they are different than what you have understood then ask him why. He might ask for payment for this extra time and you should pay him for the extra field time. Look for other evidence that might support your position to him. Be courteous and listen, even if you disagree. If you still feel that the boundary is not correct, you can always hire a new surveyor to do another boundary survey. Once you have a better feeling for the survey and if you believe it correct, take it to the county tax office and ask them for a refund of your taxes. Many municipalities will refund 5 yrs or more.
