Alabama Land Surveying Serving Clanton, Montgomery, Prattville, Millbrook, Hope Hull, Pike Road, Wetumpka & Autauga, Elmore, Chilton, Lowndes, Montgomery and surrounding Counties

  Welcome to  Alabama Land Surveying, for a Land Surveyor in Clanton, Montgomery, Prattville, Millbrook, Hope Hull, Pike Road, Wetumpka. Alabama Land Surveying services in the follwing Autauga, Elmore, Chilton, Lowndes, Montgomery and surrounding Counties.

Alabama Land Surveying is a web site dedicated to help, you, the Property Owner better understand  how an Alabama Land Surveyor performs his work, along with some of the different types of surveys.

Alabama Land Surveying Company, Glen Tanner Land Surveying located in Montgomery,Alabama,is a husband and wife team owned and operated by Glen Tanner, a Professional Registered Alabama Land Surveyor with over 30+ years of hands on surveying experience in the surveying buisness and his wife, Jennie, herself with over 20+ years in the surveying business.

Glen has personally been involved in the Land Surveying Industry for over 30+ years of land surveying. This acquired knowledge, insight and ability isn`t something you learn in a book or class, but gained thru years of experience of dealing with a lot of different, adverse and varied surveying situations.

If you need help with property issues or need a Land Surveyor, hire a competent, licensed Alabama Land Surveyor. Glen Tanner @ Glen Tanner Land Surveying . Call us at 334-625-8175 or fill out our Contact Form.

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Alabama Land Surveying: (334) 625-8175 – Easements | Land Surveying | Land Surveyor | Surveyors – Alabama Land Surveyor

Easements

 

Glen Tanner, PLS

Copyright 2012- All Rights Reserved

 

Alabama Land Surveying isn't always as it seems.Land Surveyors and property owner take for granted that the Lawyers and Title Company do their job and they search for easements and right-of-way that may affect the property being bought or sold, that such information is put on the deed or brought to the Surveyors attention This may be true and it may not be. It all has to do with how far back you research for easements and right-of-ways. Do you research back one or two of the most recent deeds recorded or do you go back 10, 15 years, maybe 20 years to look for easements or right-of-ways, some maybe 50 or 60 years old.
I believe it was 1984 a man hired a Land Surveyor to survey his 30 to 35 acres and divide it into 2 parcels. In 1985 the man sold or gave his daughter and her husband one of the parcels, at closing a twenty five foot wide easement for egress and ingress was added, at the bottom of the deed, by the attorney. The easement ran along the north property line from a one acre tract of land to the paved road.
In 1992 the new owner hired the Land Surveyor that originally surveyed the property to cut out a one acre parcel in the NE corner of his property. The Surveyor having being the one that subdivided the property already had all the information necessary to do his job. The Surveyor proceeded to do what his client asked and prepared a survey and description. Property owner knowing of the easement for egress and ingress never mentioned it. It never was added to survey.
About 2000 the Property owner sold the one acre to a Home Builder. The Home builder bought the one acre without a Title Search and was given a copy of the 1992 survey. The Seller never told the Home builder about the TWENTY FIVE FOOT EASEMENT going thru the one acre. Two years later the Home builder secured a loan and built a house on the one acre. A year later the Home builder sold the house and gave the new owner a copy of the 1992 survey. The new deed was prepared with no mention of a twenty five foot easement. Around 2005 a new loan was taken out on the one acre parcel and a new survey made, still no mention of a TWENTY FIVE FOOT EASEMENT on the new deed.
In 2011, I was hired to survey the original parcel that the one acre had been surveyed out of; there was no evidence of a drive or any easement running along the north line. No evidence that it ever existed. The land that the easement is for had their drive going thru the adjacent property and not the dedicated easement, when asked about the easement and if it was vacated. His reply was; “No it wasn’t ever put in and never was vacated, and that the easement was added to the deed at the last minute when he and his wife got the property from her father.” He continued; “We never worried about it since it wasn’t used and no one ever put in a drive.”
The TWENTY FIVE FOOT EASEMENT FOR EGRESS AND INGRESS missed the house located on the one acre by two feet. There is still NO MENTION on the deed of the one acre about ANY easement for egress and ingress located along its north line.
At least three times a mortgage was taken out on this one acre and no one caught the fact that that there is a twenty five foot easement for egress and ingress.

If you need and are looking for help , hire a competent, licensed Alabama Land Surveyor who is willing to give you and your surveying needs the hands on, personal care required, call me, Glen Tanner @ Glen Tanner Land Surveying, I 've been surveying in Montgomery, Autauga, Elmore and srrounding Counties for over 30 years. Let my years of experience work for you. Call us at 334-625-8175 or fill out our Contact Form

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Alabama Land Surveying: (334) 625-8175 – Why a Land Surveyor should write Boundary/Property Descriptions | Alabama Land Surveyors

 

 

Why Alabama Land Surveyors Should Write Boundary/Property Descriptions.

Glen Tanner, PLS

Copyright 2012- All Rights Reserved

 

In Alabama an Attorney, an Alabama Land Surveyor and to my understanding, a Property Owner, can write Boundary/Property descriptions for Warranty Deeds. This is an example of a Property Owner doing his own property survey and warranty deed and Why Alabama Land Surveyors Should Write Boundary/Property Descriptions.

   A man wanted to give his son a parcel of land to put a manufactured home on. The man and his son found out from the Manufactured Home Dealer, where his son was to purchase his manufactured home, everything needed or involved to purchase and setup the manufactured home, along with the amount of land needed.

   After finding out what was required the man and his son proceeded to meet these requirements. The requirements were Warranty Deed to approximately one acre of land, a survey and the land to be marked so they could install septic system and set up Manufactured Home.

   After the Manufactured Home had been set up, the Manufactured Home Dealer and the Mortgage Company were requiring a new map of survey showing the location of the manufactured home. The Manufactured Home Dealer called me stating they had a copy of an old survey , but needed one showing the manufactured home. After receiving a copy of the deed from the Manufactured Home Dealer, I went to the County Judge Of Probate Office got a copy of the recorded Warranty Deed . The following was four pages recorded at the Judge Of Probate Office.( NAMES, RECORDING INFORMATION REMOVED FROM DEEDS).

 

 

  

   Recorded was a survey, but not a survey by an Alabama Land Surveyor. The worst thing is that the Probate Office recorded it and the Manufactured Home Dealer , Mortgage Company, and Title Company accepted it. The Mortgage Company, and Title Company had to be apart of this transaction, the borrowing and lending of money for land and a manufactured home was involved.

   I went to the County Engineer’s office next and got a copy of the right-of-way. Next is a copy of a County Right-Of-Way Map. County never acquired right-of-way shown on map.

   Notice any thing familiar?

   It took me a couple of times looking, before I realized that the recorded survey was the same as the right-of-way map, except that the County’s map doesn’t show the lot found on the survey of the recorded deed. After doing my field work, it was more than obvious what had happen. One thing I can tell you that didn’t happen is: “ What didn’t happen is a Land Surveyor didn’t set the Original Monuments, a Land Surveyor wasn’t the Original Surveyor, it’s legal description wasn’t prepared by an Alabama Land Surveyor, but everyone involved in the buying and selling of the manufactured home and setup didn’t worry about this. “

  What would have happen if it was a Cash deal and no NEW Survey had been required?

 This is a copy of a portion of final survey made on the Property and why an Alabama Land Surveyor should write Legal/Boundary Descriptions after performing a survey. No Property Owner, nor an Attorney,  should write a legal description without a New or Updated Map Of Survey with a Legal/Boundary description by an Alabama Land Surveyor.

Glen Tanner Land Surveying Map Of Survey

   Is the Warranty Deed any good ?

   Is the Title clear and free?

   Who is the Original Land Surveyor, the man and his son?

   What about the Original irons ?

   When you are buying property, as the new Property Owner, to insure what your getting, to help guarenteeTitle and the proper location of property and property corners, always get a New and updated survey by an Alabama Land Surveyor.  

 Glen Tanner, PLS-All Copyrights Reserved

If you need and are looking for help , hire a competent, licensed Alabama Land Surveyor who is willing to give you and your surveying needs the hands on, personal care required, call me, Glen Tanner @ Glen Tanner Land Surveying, I 've been surveying in Montgomery, Autauga, Elmore and srrounding Counties for over 30 years. Let my years of experience work for you. Call us at 334-625-8175 or fill out our Contact Form.

 

 

 

 

 

 

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Alabama Land Surveying: (334) 625-8175 – Title versus Survey

 

Title versus Survey

Glen Tanner, PLS

Copyright 2012- All Rights Reserved

 
  Only a Registered Alabama Land Surveyor can tell you where property is located on the ground, yet Alabama Land Surveyors aren’t the only ones that read and interpret deeds, Attorneys and Title Companies also do. Attorneys can write boundary and legal descriptions for warranty deeds, but Land Surveyors can only write boundary descriptions and not legal descriptions for warranty deeds , yet it is up to the Land Surveyor to interpret the deed and put it on the ground and this is where the problem lies, Title versus Survey.
  How many times have you heard this? Your survey is incorrect, it doesn’t match the deed, please correct it to match the deed, it is messing up our Title. How many of you as surveyors would go back and set irons to match the deed, even if you have found all the original corners and your survey reflects what you found? How many of you do any research or do you survey by the deed and what the Lawyer and Title company tell you to do? How many of you ever considered that the deed they gave you was in error and not your survey?
  In 1980 a man decided to give his son a parcel of land to build a house. The son hired a Registered Alabama Land Surveyor and had a survey performed and deed made and recorded. Sometime between 1981 and 2006 the son refinanced his house, he gave the Mortgage Company a copy of his deed and the Mortgage Company didn’t require a new survey and used the old survey done in 1980, having the son sign a Surveyors Waiver, prepared a new deed and closed the loan.
  It is now early 2007, the son bankrupted, the Mortgage Company started foreclosure procedures on the property. Late 2007 the Mortgage Company hired a Registered Alabama Land Surveyor to do an up dated survey on what they are foreclosing on. End of 2007 the Land Surveyor started to survey the property being foreclosed on based upon the deed given to him. The Land Surveyor found ALL the original corners set by the Original Land Surveyor and discovered an error in the tie to the property on the deed and the access easement given to him.
  The Land Surveyor prepared a new survey reflecting the correct location of the property on the ground, which matched the Original Land Surveyor within a tenth or two and his survey and the access as it has always existed, the old access easement went thru a pond and a house and never existed as called for in the deed. The Land Surveyor called the Attorney about the errors in the deed he found concerning the original deed versus the deed provided to him. The Land Surveyor delivered his survey to the Attorney. It is now January 2008, the Mortgage Company sold the property to a new property owner by Trustee Quitclaim Deed Of Real Estate, based on their foreclosure legal and claim of Title. The new owner took possession of the property and house.
  Three years has past and it is now 2011, the new property owner wanted to sale his property. The new property owner, a family member to the son that bankrupted, hired me, a Registered Land Surveyor, to perform a new survey. He met me at the property and showed me all the corners, including the ¼ corner. He was aware of the error but wasn’t sure what the problem was. He had a copy of the survey that had been performed before he purchased it. The new property owner provided me with a copy of his new deed and the survey that had been given to him at the purchase of the property. Knowing the Land Surveyor, I called him and discussed the problem and what I had found., he explained that he had found the same problem. How he called those involved at that time about the situation , how he explained it to the Attorney and Mortgage Company the discrepancy he found in the deed provided to him and what was on the ground. After our discussion, I prepared a survey and turned it over to the property owner, the closing Attorney himself.
  A week has past and 30 minutes before they’re suppose to be closing on the property I had just surveyed, I get a fax from the Closing Attorney’s office that had been sent to them by the Title Company. The fax had a plot made by the Title Company of the foreclosure deed overlaid on my survey, so I called the Attorney’s office to see what was up. The Attorney’s assistant said; “Mr. Tanner, the Title Company plotted your survey against the foreclosure deed and your in error. Can you tell us what the problem is and fix your survey?” I explained that there wasn’t anything wrong with my survey and that I found all the Original property corners that were set by the Original Land Surveyor and DEED, along with the fact that it also matched the survey made by the Land Surveyor who performed the foreclosure survey and a copy they provided me with.The assistant insisted that the Title Company wanted to know why my survey didn’t match the foreclosure deed, because it was messing up their Title to the house and property.
  I explained that there wasn’t anything wrong with my survey and it came close to matching the two previous Land Surveyors and that the Attorney closing the property pointed out all the property corners, that the problem was in the Title work and the Mortgage deed was prepared without a survey. The deed prepared without a survey had a typing error in it and when foreclosed on the Attorney, Mortgage Company and Title Company ignored the Original deed and Original Land Surveyor. Then the Attorney, Mortgage Company and Title Company chose to ignore the second Land Surveyor that they had themselves HIRED and his survey. The Attorney, Mortgage Company, and Title Company used the bad deed knowing it had errors , so they could keep their so called Title straight.
The property that the Title Company keeps insisting on having clear Title to doesn‘t get the house they have foreclosed on and sold . The Attorney’s assistant then asked if I new how far back they would have to research to find the Original deed or what year the error was made. My reply was; “ I don’t do Title search, that is up to the Attorney and the Title Company, not the Land Surveyor“.Two weeks later the Attorney closed the property, using the new survey and boundary description and new access easement that I had prepared.
  Doesn’t seem to me that was a Title problem, but a problem with who and how they did their warranty deed, WITHOUT a Registered ALABAMA LAND SURVEYOR doing the boundary description or a new updated survey.How many bad deeds or foreclosures have been done without a survey or the boundary description was written by an Attorney without a survey made by a Registered Alabama Land Surveyor? If only a Land Surveyor can tell you where property is located on the ground, then only a Registered Alabama Land Surveyor should prepare descriptions for warranty deeds, not by Attorneys who care only about the Mortgage Company and Title Companies rights and interest ,not the property owners right and interest and without an updated survey by a Registered Alabama Land Surveyor. How do they know if their deed or Title is correct.
  I, have over 30 years of hands on  experience and experties in dealing with bad or incorrect Deeds, I have read hundreds of Deeds and never come across so many bad Deeds, until  the last five to ten years when the Banks and Mortgage Companies started letting Property Owners use a Surveyors Waiver or the  Affidavit In Lieu Of Survey And Affidavit Of No New Improvementsand  not requiring an updated  survey or a legal description written by a Registered Land Surveyor.
  Remember, the Title Company will only cover those problems that show up on an updated survey. The Surveyors Waiver or the Affidavit In Lieu Of Survey And Affidavit Of No New Improvements put ALL the responsibility,  or damages that may occcur, on the Home Owner, not the Title Company, Attorney or the Mortgage Company, their held Harmless, even if the Home Owner has Title Insurance.
  Keep your deeds straight and your Title clear, hire a Registered Alabama Land Surveyor first.
 
Glen Tanner, PLS
Copyright Reserved 2011
 
  If you need help, hire a competent, licensed Alabama Land Surveyor. Glen Tanner @ Glen Tanner Land Surveying has been surveying in the Montgomery, Prattville, Elmore County area for over 30 years. Call us at 334-625-8175 or fill out our Contact Form.
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Alabama Land Surveying: (334) 625-8175 – Understanding Old Surveys

Understanding Old  Surveys

 

Glen Tanner, PLS

Copyright 2012- All Rights Reserved 

  Understanding Old Surveys isn't something you can learn overnight and sometimes takes years to perfect. Maybe this will help you in Understanding Old Surveys,  shown below is a copy of an Old Survey, the NW and SW corner are shown as being existing irons.

Boundary Survey - Old Survey Example

Can you pick the 2 existing irons out of the pictures shown below? Understanding Old Surveys and old deeds is an important key to finding old corners. If you don`t understand you may never find that existing iron.

Have you figured it out?

IF YOU PICKED THESE 2 YOU ARE CORRECT. Not the kind of existing iron you would expect to find, no iron ore in these 2 existing irons, all wood here.

You really wouldn’t expect this one to be a corner, both corners verified by adjoining property owner. It appears to be a cherry knot.

Glen Tanner, PLS – All Copyrights Reserved

If you need help finding your TRUE property corners, hire a competent, licensed Alabama Land Surveyor,  Glen Tanner @ Glen Tanner Land Surveying has been surveying in the Montgomery, Autauga, Elmore and surrounding Counties for over 30 years. Call us at 334-625-8175 or fill out our Contact Form.

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Alabama Land Surveying – Property Corners Located In The Right-Of-Way Alabama Land Surveying (334) 625-8175 – Glen Tanner Land Surveying

Property Corners Lovated In The Right-Of-Way

By:Glen Tanner, PLS, Copyright Reserved 2011

Too many of the public are blindly relying on recorded plats and the word of the existing Property Owner or Realtor,as to the location of the property.Some rely on the word of the Builders site plan, many rely on a copy of the recorded lot given to them by a Closing Attorney or use an old survey without checking existing monuments by getting an up to date survey or have a land surveyor recheck and verify existing Property Corners against the recorded plat or deed. Another common problem is accepting monumentation on a survey that may be in conflict with existing monumentation on the ground. Here are some examples. County acquired deeded Right-Of-Way from the public and marked it with concrete monuments.
 
(Photo Concrete Right-of-way Marker)
 
ALL Right-Of-Way points were marked on the ground with concrete monuments. A survey was done, instead of using Right-of way as monumented, this survey was determined by shooting centerline of road and was calculated based on centerline shots. Capped iron pins were set based on the centerline of road.
 
(Photo Capped Rebar)
 
This method might be fine in the case of a prescriptive Right-Of-Way, but in this case the Property Corner bordered a dedicated County road. ALL Right-Of-Way points were marked on the ground with concrete monuments. This capped rebar was set in right-of-way some 2 feet in deeded, monumented County Right-Of-Way.
 
(Photo  Conc.Right-Of-Way Marker & Capped Rebar)
 
 
None of this was shown on the recorded plat. Who owns the property between the "Concrete Monument" and the "Capped Rebar"? Does the property owner own to the "Capped Rebar" even if it matches the recorded plat?
 
Others ignored the monuments and continued the errors. Does the property owner have clear title to all his property? Are the Property Corners correct as they are located on the ground?
 
Another Example, a company surveyed a 2-acre parcel of land, which had been reported in yards. In 1954 the County acquired right-of-way off of the 2-acres and was marked on the ground with concrete markers .
 
(Photo Concrete Right-Of-Way Monument)
 
The deed wasn’t revised at that time. The Company surveyed the 2 acre parcel and wrote a new legal and a new deed prepared, just one problem, it did not exclude the deeded and  monumented right-of-way acquired by the County. Not only that, the Company made the property line straight along the County Right-Of-Way, as the deed called for, disregarding the 6-inch by 6-inch concrete monument sticking up 5 inches out of the ground and next to the drive way and the large curve appearing in the pavement. By doing this the property line is now located in what the County is calls the "County Right-Of-Way".
 
(Photo Right-Of-Way Marker and Curved Roadway)
 
 
Even though the original deed called for a straight line and the County put a curve in the property line, does the property owner still own it as called for in both the old and new deed?
 
In both of these cases, whether the monuments were not found, were not looked for, or just plain ignored does not change the fact that the County acquired deeded right-of-way. In both cases even though the property owner has a deed, copy of a recorded plat or even an old survey showing ownership, the property owner DOES NOT OWN the property within the County deeded right-of-way, even if there is a marked Property Corner. The property owner CAN NOT lay claim to it by adverse possession, you can not claim adverse possession against the County. So in both cases the property line moves back to the deeded and monumented Right-Of-Way
 
The reliance on the word of "Property Owners", "Realtors" or "Old Surveys" and NOT an up to date Property Survey does not “safeguard the life, health, PROPERTY and welfare of the public." Only a new Property Survey, marking your Property Corners performed by a Professional Alabama Land Surveying Company. We at Glen Tanner Land Surveying strive to “maintain a high standard of integrity, skills, and practice in the profession of land surveying.” (See Alabama Code 330-X-14.)
 
Not sure where your corners belong or you need help finding your actual property corners, hire a competent, licensed land surveyor. Glen Tanner @ Glen Tanner Land Surveying has been surveying in the Montgomery, Prattville, Elmore County area for over 30 years. Call us at 334-625-8175 or fill out our Contact Form.
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Clanton Land Surveyor | Montgomery Land Surveyor | Millbrook Land Surveyor | Prattville Land Surveyor | Pike Road Land Surveyor | Wetumpka Land Surveyor | Hope Hull Land Surveyor | Land Surveying

 

  Alabama Land Surveying web site  is to promote the Alabama Land Surveyor by educating the public on land surveying and the Alabama Land Surveyor. Whether in Clanton, Montgomery, Prattville, Millbrook, Wetumpka, Pike Road or Hope Hull, Land Surveying is the same, this site is to share, discuss , teach and better educate the public in Alabama Land Surveying.    

The following have been taken from an old book written in 1917 by N.O. Shively, The U Book Selling One`s Self.
 
The game of business must be played by rules. The beginner is handicapped because of a lack of knowledge and experience; the ignorant lose because of a lack of study; the egotist because he fails to heed the pitfalls pointed out to him.   ……. The recompense we get for our toil depends on the market value of our capital stock —– Ability, and our knowledge of the principles involved……… Our success in life is determined by our ability to sell ourselves, our talents, our desires.
 
There isn't a  successful man in America today who has not spent time and effort in preparation.
Whenever you find a man on top in the world`s conflict, you can make up your mind that he did not light there, but he had to climb.
 
The road to failure is smooth and well-beaten, but he who selects the road to achievement must expect to climb the boulders of jealousy; be pricked by the thorns of envy; inherit the hatred of mankind. It takes will and determination to push onward in the face of these obstacles.
 
…….. To the man who is down-and-out, for the world to him is bitter. To the girl who is discouraged, for she needs a helping hand. To  the youth whose confidence in man has been shaken, for he needs a strengthening of  his faith. We all are headed for the same goal, so why do we oppress each other?………..
 
Glen Tanner Land Surveying is dedicated to quality land surveying and to enlighten the public about land surveying. If you need help with your land surveying needs in the Montgomery area, please call us at (334) 625-8175 or go to our Contact Page.

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Alabama Land Surveying – The Lost Art of Locating Property Corners Alabama Land Surveyor – Alabama Land Surveying: (334) 652-8175

The Lost Art Of Locating Property Corners By:Glen Tanner, PLS,Copyright Reserved 2011 The art of finding property corners is being lost. The following picture shows what inspired the following. The two rebars, a #4 rebar and a #5 rebar, shown … Continue reading

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