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Real Property for Indiana Paralegals

Boundary Surveys

This is probably what most people think of (if they think of…) when they consider a survey. Borrowing from Wikipedia, a boundary survey is defined as a:

[S]urvey that establishes or re-establishes boundaries of a parcel using its legal description, which typically involves the setting or restoration of monuments or markers at the corners or along the lines of the parcel, often in the form of iron rods, pipes, or concrete monuments in the ground, or nails set in concrete or asphalt.[1]

Such a survey might be ordered when contesting boundaries of land with a neighbor, when purchasing a new property, determining the locations of easements, etc. So, for instance:

After the Willetts purchased the property in 2004, a dispute arose, and the Willetts believed they owned an additional 100 square feet of land adjacent to the south end of the Longs' easternmost parcel. The Willetts also desired to fence their property from the Mobile Home Park. Thus, they obtained a boundary survey, which did not initially include the presence of the access lid for the Longs' septic system that was located on the Willetts' property. However, after the Willetts noticed the lid, the survey was revised to account for the tank's location.[2]

or:

The 2000 Banning boundary survey indicated that the West Boundary Line was further east than was previously shown on the 2000 Banning site plan, the 1996 Lewis site plan, and the Plot Diagram. The 2000 Banning boundary survey also showed the North Boundary Line as running south of the North Storm Sewer.[3]

So, as you can see, a boundary survey has a variety of uses, and is probably one of the most common types ordered when a dispute concerning boundary location or encroachments[4] arises.

[1] “Cadastral Surveying.” Wikipedia, Wikimedia Foundation, 8 July 2020, en.wikipedia.org/wiki/Cadastral_surveying.

[2] Willett v. Long, 873 N.E.2d 206 (Ind. Ct. App. 2007)

[3] Harlan Bakeries, Inc. v. Muncy, 835 N.E.2d 1018, 1027 (Ind. Ct. App. 2005)(internal citations omitted)

[4] This means, as it sounds, “To gain unlawfully upon the lands, property, or authority of another; as if one man presses upon the grounds of another too far.” Black’s Law Dictionary, 1st Edition, pg. 419.