Buying or selling property is one of the most significant financial transactions many people undertake. While the excitement of a new home or a successful sale can be consuming, overlooking crucial details can lead to unexpected and costly legal troubles down the road. One such detail, often underestimated, is the property survey. Far more than just lines on a map, a comprehensive property survey is a powerful tool that can protect your interests and save you from boundary disputes, encroachment issues, and other legal headaches. At Rocky Rinker Law, we frequently see how a proper survey can prevent or resolve complex property disputes in Nevada.

What is a Property Survey?

A property survey is a professional diagram and report created by a licensed surveyor that accurately depicts the boundaries of a piece of land, along with the location of any structures, easements, and other features on or adjacent to it. It’s based on legal descriptions and physical evidence, providing a precise understanding of what you own.

Key Scenarios Where a Property Survey is Indispensable:

1. Buying or Selling Property:

The Risk: Relying solely on old deeds or visual assumptions can lead to misinterpretations of property lines. A buyer might unknowingly purchase a property with an existing encroachment, or a seller might inadvertently misrepresent their boundaries.
How a Survey Saves You: A current survey provides a definitive map of what’s being bought or sold. For buyers, it confirms the exact boundaries and reveals any existing encroachments (e.g., a neighbor’s fence on your land, or your shed on theirs) or easements (e.g., utility lines crossing your property). For sellers, it offers transparency, allowing them to address any issues proactively and avoid claims of misrepresentation after the sale.

2. Building or Renovating:

The Risk: Planning an addition, a new fence, a shed, or even landscaping near your property line without a survey can lead to building over a boundary, violating setback requirements, or infringing on an easement. This can result in stop-work orders, fines, and forced demolition.
How a Survey Saves You: A survey ensures your construction adheres to legal boundaries and local zoning ordinances. It clearly marks setback lines and identifies easements, preventing costly mistakes and potential disputes with neighbors or local authorities.

3. Boundary Disputes with Neighbors:

The Risk: Disagreements over shared fences, tree lines, or ambiguous property markers are common and can quickly escalate into heated arguments and expensive litigation.
How a Survey Saves You: A professional survey provides objective, legally recognized evidence of where your property ends and your neighbor’s begins. It can be the definitive document that resolves disputes amicably or provides the necessary proof in court if a resolution cannot be reached otherwise.

4. Identifying Easements and Rights-of-Way:

The Risk: Purchasing a property without understanding existing easements can limit your use of the land. For example, a utility easement might prevent you from building a pool or shed in a specific area, or an access easement might grant a neighbor the right to cross your land.
How a Survey Saves You: A survey clearly plots all recorded easements, showing their exact location and dimensions. This allows you to understand any restrictions on your property’s use before you commit to a purchase or plan any development.

5. Resolving Adverse Possession Claims:

The Risk: In some cases, if a neighbor uses a portion of your property openly, notoriously, continuously, and without your permission for a certain period (which varies by state), they might be able to claim legal ownership through adverse possession.
How a Survey Saves You: A survey helps you identify potential encroachments early, allowing you to address them before they can lead to an adverse possession claim. It provides the evidence needed to defend your ownership rights.

6. Understanding Flood Zones and Environmental Features:

The Risk: Not knowing if your property is in a flood zone can lead to unexpected insurance costs or building restrictions. Overlooking environmental features like wetlands can also impact development plans.
How a Survey Saves You: A comprehensive survey can indicate flood zone designations and the presence of significant environmental features, providing crucial information for insurance, building, and land use planning.

The Cost of a Property Survey vs. the Cost of Legal Trouble

While a property survey involves an upfront cost, it’s a small investment compared to the potential expenses of legal battles, forced demolitions, or devalued property due to unresolved boundary issues. A survey provides clarity, prevents misunderstandings, and offers peace of mind.

In the world of real estate, knowledge is power, and a property survey is one of the most powerful tools at your disposal. It provides an undeniable, legally recognized blueprint of your property, safeguarding you from a myriad of potential legal troubles. Whether you’re buying, selling, developing, or simply wish to understand your property’s precise boundaries, investing in a professional survey is a wise decision. At Rocky Rinker Law, we are dedicated to protecting your property rights in Nevada, and we strongly advocate for the clarity and security that a comprehensive property survey provides.