What Are “Areas of Concern” in Land Surveying Deliverables?

If you’ve ever reviewed a professional land survey plat or report, you may have seen notes or callouts labeled “Areas of Concern.” That comes as a shock to some clients, especially those who are unfamiliar with the land surveying process.

But we want to define what an “area of concern” is and what this term means for your survey that might impact the development project.

In land surveying, “areas of concern” refer to any notable issues or red flags that the surveyor has identified on the property. These are highlighted to alert property owners, buyers, and other stakeholders to potential problems. Those problems may possibly affect property boundaries, ownership rights, or future use of the land.

Essentially, they are the surveyor’s way of saying, “Here’s something you should be aware of” to eliminate any unnecessary element of surprise regarding a parcel of land.

What to Consider when “Areas of Concern” Appears on Your Deliverables

In the context of a deliverable we provide from an ALTA Land Title Survey to an Improvement Survey Plat, an area of concern is any condition or discrepancy that could pose a risk or require further action.

Apex Land Surveying and Mapping LLC is trained to document issues that might impact the property’s title, value, or development. For example, Colorado regulations require that a Land Survey Plat, Improvement Survey Plat, or ALTA/NSPS Land Title Survey show “any conflicting boundary evidence or visible encroachments, and all easements” relevant to the property (plsc.net).

In other words, if something unusual or problematic is found, such as a fence crossing the property line or an inconsistency in the legal description, it will be noted as an area of concern. Identifying these issues upfront is a key part of our job, giving landowners a heads-up about anything that might need resolution.

Common Issues Flagged as Areas of Concern

While not every survey will reveal problems, there are several types of issues that might be flagged as areas of concern in a land survey deliverable. Here are some of the most common we come across:

• Boundary Conflicts: These are overlaps, gaps, or inconsistencies in property boundary lines due to conflicting deed descriptions or prior surveys. These “conflicting boundary evidence” situations mean the records don’t perfectly agree on where the line is. Resolving such conflicts often requires legal clarification or agreements between neighbors.

  
  

• Encroachments: Encroachments are physical structures or improvements that cross over a boundary line. Examples of encroachments commonly include a shed, driveway or other type of improvement built partially on a neighbor’s land or even a fence that isn’t on the true property line. We note apparent encroachments so that property owners are aware of these. Typically we notate these potential encroachments as “areas of concern”.

  
  

• Easements and Rights-of-Way: As we’ve written about in previous blogs, easements give someone else limited rights to use a portion of your land (for utilities, access, and more.). A survey might flag easements that could restrict where you can build or what you can do. For instance, a utility easement where structures are prohibited.

  
  

• Zoning or Permit Discrepancies: If the survey uncovers that the property’s use or planned use doesn’t match its zoning, or if part of the lot falls under special zoning restrictions, this might be highlighted. For example, an ALTA/NSPS Land Title survey could reveal that a structure violates setback requirements or that the land is split between two zoning designations.

  
  

• Physical Site Conditions: Certain physical features of the land can be areas of concern when it comes to construction or ownership. A classic example is discovering that part of the parcel lies in a flood zone. Other examples include steep slopes, wetlands, or old right-of-way paths on the property. Location of existing improvements can affect existing site conditions as well.

  
  

• Legal Description Mismatches: A survey may find that the actual measured dimensions of the property don’t match the deed or legal description on record. The deed might describe a 100-foot width, but the occupied fence-to-fence distance is 102 feet. In some situations, this discrepancy may signal that further research or possible correction is needed to ensure the owner’s property boundaries, and any possible adjoiners have been evaluated to provide the best boundary determination possible.

Each of these issues can have significant implications, from costly boundary litigation to limitations on existing or future improvements. Apex Land Surveying and Mapping LLC aims to effectively document them to protect all parties involved in the process of the survey as well as the public.

Working with Our Team for Clarity and Confidence

At the end of the day, areas of concern are about keeping you informed. Many properties won’t have any serious issues to be considered “areas of concern”. If yours does, you can trust that Apex Land Surveying and Mapping LLC will identify it and help you understand what it means.

Our team delivers on complete accuracy, providing thorough deliverables with no surprises. We include notes on areas of concern to help give you a complete picture of your land’s boundaries and to help you make sound decisions based on facts.

Remember, a survey is there to help provide clarity to you. It’s far better to learn about potential areas of concern before you buy, build, or sell, than to find out later. We encourage you to contact us today with any questions about your survey or if you see an area of concern noted in your survey deliverables.