Metes and Bounds, GIS/Tax Boundaries, and Surveys

Whether buying or selling land, a current survey is important. The survey will identify the proper boundaries, alert you to encroachments from neighboring lands, and should identify easements that both benefit and impact the property. They’re useful in ensuring the seller understand what they are selling and protecting the buyer’s investment.

METES AND BOUNDS

In the 13 original colonies including North Carolina, metes and bounds is the traditional way that real property is defined and deeded. It’s a written description starting at a point and following calls until it closes back to that point. The call includes the distance (metes) and the direction (bounds). This description also includes monuments which are often natural objects such as rocks, trees, creeks, and roads. However, the problem with metes and bounds descriptions are many. Metes were often measured in poles or chains which were laid end to end across the ground. Given our steep topography, these often resulted in a longer distance than our current GPS and other survey tools will show for a call and thus parcels may change in size when surveyed. The bounds were also approximates based on compass readings and would often only give whole degrees and not more precise degrees, minutes, seconds which could send the boundary significantly off track on longer metes. Finally, natural objects can move or disappear. Streams change course, there may be disagreements about where the road was located 75 years ago, and trees grow and die. Many times, you see metes and bounds from 30-50 years ago reference things like a 20″ oak tree which can no longer be located.

GIS/TAX BOUNDARIES

One of the most common ways to visualize where boundaries are today is by looking at county tax records that are depicted on Geographic Information Systems (GIS). These boundary lines are approximations, generally derived from the metes and bounds and are for visualization only and do not represent legal boundaries. These can be changed by contacting the county tax office and in some counties, it does not require any legal documentation or reason to have them adjusted. They often represent inaccurate boundaries and may create misperceptions about where a property boundary is located.

However, these are incredibly easy to use and understand. They can be placed over satellite images and topographic maps to help people visualize approximately where the property is and what features it contains. This is often used in marketing materials such as interactive maps, signs, and flyers since they help show approximately what the property looks like.

It’s now even easier to look at and understand boundary lines with our new Land Tour 360 technology. Boundaries in the interactive 360-degree images are clearly defined in a bright yellow line and can be viewed from every angle of the property. You can also zoom in to see the approximate property boundaries up close.

SURVEYS

Surveys are the most accurate representations of boundaries. They are completed by licensed surveyors and when the survey is signed and recorded it becomes a legally recognized document. Surveyors start by researching the deeds of the subject property and the deeds of the adjacent parcels. This research is critical in defining the boundaries they will then locate. Surveyors use highly precise equipment and start from known permanent monuments that do not move to ensure the highly precise location of the boundaries. They can mark this boundary with flags and set new marker pins to help identify the boundary and ensure it is clearly defined. Sometimes they will uncover areas of confusion where there is an overlap or gap, and issues like encroachments where a structure, fence, or other object extends over the boundary. Additionally, they will be able to more accurately define the size of the parcel. These surveys are also used by title insurance companies when insuring the property against future claims.

Surveys vary in costs depending on location, topography, terrain, size, ability to access the boundary and many other factors. Surveys may also document topography, flood zones, can be used for subdivision of parcels and other purposes. It’s always recommended that a buyer survey any property they plan to purchase.

The North Carolina Association of REALTORS warns that “Situations arise all too often that could have been avoided if the buyer had obtained a new survey from a NC registered surveyor. A survey will normally reveal such things as encroachments on the Property from adjacent properties (fences, driveways, etc.); encroachments from the Property onto adjacent properties; road or utility easements crossing the Property; violations of setback lines; lack of legal access to a public right-of-way; and indefinite or erroneous legal descriptions in previous deeds to the Property. ”

CONCLUSION

Metes and Bounds and GIS Maps are often inaccurate and should not be trusted as tools to define the boundary of any land parcel. In order to fully understand where the land is located, where it’s legal to access, and any issues that may affect the boundary, a survey is always recommended to protect the buyer’s investment and help the seller understand what they are selling.

I help my clients by providing them with education and knowledge, so they can make informed decisions and by teaming them up with other experienced professionals like local surveyors. If you’re looking for a professional land broker or need help understanding land issues like this, let me know!