Understanding Areas of Concern in Land Surveys

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

In this article, I want to define what an “area of concern” is and what this term means for your survey. Understanding this can impact your development project significantly.

What Are Areas of Concern?

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

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

What to Consider When “Areas of Concern” Appear on Your Deliverables

When we provide deliverables, such as an ALTA Land Title Survey or an Improvement Survey Plat, an area of concern is any condition or discrepancy that could pose a risk or require further action.

At Apex Land Surveying and Mapping LLC, we are 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, several types of issues might be flagged as areas of concern in a land survey deliverable. Here are some of the most common we encounter:

Boundary Conflicts

Boundary conflicts 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 include a shed, driveway, or other improvements 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 document these potential encroachments as “areas of concern.”

Easements and Rights-of-Way

Easements grant 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 may prohibit structures in certain areas.

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 regarding 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. The location of existing improvements can also affect site conditions.

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. For instance, 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 adjoining properties 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 survey process.

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 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.

Conclusion

Understanding areas of concern in land surveys is crucial for anyone involved in property development or transactions. By being aware of potential issues, you can make informed decisions that protect your investment. Our goal at Apex Land Surveying and Mapping LLC is to be your trusted partner in navigating these complexities, ensuring that you have the precise, reliable data you need to move forward confidently.