Survey in United States

Survey Definition

The act by which the quantity of a piece of land is ascertained. An instrument sui generis, in the nature of a partition ; a customary mode in which a proprietor has set off to himself, in severalty a part of the common estate. 56 N. J. Law 237. The paper containing a statement of the courses, distances, and quantity of land is also called a survey. By survey is also understood an examination ; as, a survey has been made of your house, and now the insurance company will insure it. A plan and description of the present existence, state, condition, and mode of use of the insured property. 179 Mich. 443, 463.

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The act by which the quantity of a piece of land is ascertained. An instrument sui generis, in the nature of a partition ; a customary mode in which a proprietor has set off to himself, in severalty a part of the common estate. 56 N. J. Law 237. The paper containing a statement of the courses, distances, and quantity of land is also called a survey. By survey is also understood an examination ; as, a survey has been made of your house, and now the insurance company will insure it. A plan and description of the present existence, state, condition, and mode of use of the insured property. 179 Mich. 443, 463.

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This definition of Survey is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

The process by which the dimensions of a parcel of land are measured and its boundaries, geographical position, and physical details are ascertained. The result is reduced to a pictorial delineation called a map, drawing, or survey. The survey shows the lengths and directions of the boundary lines of the tract surveyed, the location of all buildings and other improvements, and the existence of any encroachment at or above the surface of the land either by or upon adjacent property.

Upon a sale of property, it is always the safer course for the purchaser to obtain a survey. A survey of the land should always be obtained if construction of a building is planned, to make certain that the structure will be built within the lot lines of the property and within the setback lines fixed by ZONING regulations. Even if a previous survey has been made of the property, a new survey is advisable to show conditions existing at the date of sale. A survey may be obtained through a title insurance (in U.S. law) company.

If a contract of sale (in U.S. law) provides that the seller may deliver title (in U.S. law) “subject to survey,” or “subject to a state of facts that an accurate survey may show,” the purchaser may have to take title even if the survey reveals an encroachment which may render the title unmarketable. A careful purchaser will insist that such a “subject” clause contain the qualifying words “provided the same does not render the title unmarketable.” The words “state of facts” refer to any encroachments or projections by or on the property surveyed, such as wall, fences, hedges, cornices, and chimneys, outside of property lines.

A contract of sale may provide that the sale is made subject to a particular survey identified by name of surveyor and date. The purchaser should insist on seeing the survey and have it examined by his or her attorney before accepting the “subject” clause. See also land description (in U.S. law).

(Revised by Ann De Vries)

What is Survey?

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