What Every Real Estate Professional Should Know About Land Surveys

A surveyor friend at Site Surveying & Mapping relayed a story about a last minute dilemma they faced that almost killed a closing for a Realtor on a million dollar deal. How did it happen? How could it have been avoided?

Do you ever wonder what type of survey you might need on your site? What are the differences in an ALTA/ACSM and the standards within WAC 332-130? Can I just use the existing survey provided by the Seller?

Having these questions asked over and over lead to the creation of a booklet which will hopefully serve as a good reference for people in understanding Land Surveys as they pertain to the Real Estate Professional.


Link to the full article:
http://www.slideshare.net/JeffMcCann/cfakepathrealtor-and-the-land-surveyor?from=share_email

http://www.outdoor-perspectives.com/

Court orders $1.15M paid in property rights case

Dorothy English wanted to develop 20 acres she and her late husband bought in 1953, and divide it into eight home sites.

PORTLAND (AP) — The Oregon Supreme Court has ordered Multnomah County to pay the estate of property rights pioneer Dorothy English $1.15 million in a dispute over development restrictions.

The ruling last week ended a long legal battle over whether the county owed English compensation for initially denying permission to develop home sites on her property northwest of Portland.

English died in April 2008 at 95. She wanted to develop 20 acres she and her late husband bought in 1953, and divide it into eight home sites for her family.
She became the spokeswoman for Measure 37, which voters approved in 2004 to give property owners the right to develop their land.
When it passed, she filed the state's first Measure 37 claim. She was joined by 6,500
Oregonians who demanded either compensation for diminished property values or for the right to build, in many cases, extensive subdivisions.
Voters later scaled back development rights by passing Measure 49 in 2007. Most of the original claimants settled for a process that would allow them to build one to three homes.

English continued her battle in the courts.

In December 2006, she won a compensation judgment for $1.15 million. The county agreed to let her develop eight lots instead of paying her the compensation. But English rejected conditions the county attached.

In 2009, the Oregon Court of Appeals ruled in her favor and later scolded the county for engaging in what it called a “war of attrition” against English, who had died the year before.

Vacant Land Checklist (Short Form)

There are many things to consider before choosing a property to develop or build a home on. My "short form" checklist is helpful to quickly evaluate sites. There is a much longer one that explores a host of additional issues but this one works well for an initial evaluation.

Remember, there are no perfect properties. The idea to keep in mind as you fill out the list is, "Can I build what I want to on this site without great difficulty?"

The Subdivision Process

While every City or County may have its own unique process of subdividing property, most follow a similar general format. I have tried to layout how a typical plot of property might make its way from raw land to finished residential lots.

From Wikipedia
Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known as a subdivision in the United States. If it is used for housing it is typically known as a housing subdivision or housing development, although some developers tend to call these areas communities.
Subdivisions may also be for the purpose of commercial or industrial development, and the results vary from retail malls with independently owned out parcels to industrial parks.

The Subdivision Process

Phase I: Feasibility & Preliminary Preparation
• Review and Research Existing Data & Maps. Recon by consultants as necessary (wetlands, soils etc)
• Initial review of Zoning, Access, Topography, Utilities, Market
• Meet with Jurisdictions
• Preliminary Proforma & Schedule
• Internal Feasibility Results. Proceed or Halt project
• Initial Planning, Hire Engineer
• Field Work (at least enough for submittal): Survey, Mapping, Prelim. Engr., Critical Area review
Action Item: Decide on project feasibility. Prepare Pre-App package, Schedule Pre-App mtg.

Phase II: Pre-Application Meeting
• Submit Pre-App package. Meet with Jurisdiction. Discuss initial findings, potential obstacles & options.
• Post meeting: review possible revisions, variances, or re-designs options
• Hire other professionals (geotech, wetland bio, traffic, landscape arch, etc)
• Applicant could skip the pre-application meeting and move straight to preliminary submittal depending upon jurisdiction and project type
Action Item: Submit Pre-App Package (Application #1). Prepare Preliminary Submittal Package

Phase III: Preliminary Submittal to and Prelim. Approval
• Plat Submittal package and review by agencies planning department
• Complete application  equals a vested project*
• Additional information requests and redline comments
• Work with other jurisdictions (Water & Sewer District, PSE, DOE, etc)
• SEPA determination* (DNS, MDNS, DS EIS)
• Public Hearing
• Issue Preliminary Plat approval with (subject to) conditions
Action Item: Submit Package (Application #2). Respond/Address Jurisdiction comments

Phase IV: Engineering Review
• Engineer will technically design plans for all roads, utilities and other infrastructure to serve project
• Enter development Extension agreements with purveyors
• Approved Engineering plans issued for construction
Action Item: Submit Engineering drawings (Application #3) & redlines

Phase V: Site work construction
• Infrastructure construction
• As-built work & final inspection upon completion with each jurisdiction (Bond as necessary)
Action Item: Hire contractor. Site Inspection & Approval

Phase VI: Final Review & Recording
• Prepare Final Plat maps
• Lot Corner staking
• Redline corrections
• Bond & Final Recording
Action Item: Prepare Final Plat map, Bond & Record

Thanks to Cramer NW http://www.cramernw.com/ for their contribution to this list.

Innovative Land Use Techniques, Part 1

Copy of slide show materials from last weeks real estate presentation

http://http//www.slideshare.net/JeffMcCann

Rural zoned condominium lot

A family owned some property in the rural area of King County. The property included the main home as well as a secondary home that was built many years ago. They wished to have the ability to sell one of the homes and keep the other.

The normal way would be to subdivide the property via a short plat. Short platting the property probably would have cost them about $110,000 for applications, engineering, site construction, bonding etc. and taken about 3 years to complete. Unfortunately, they didn’t even have enough area (a large enough lot) to subdivide, so that wasn’t an option.

In talking with their engineer, they learned of a creative solution for their problem. Cramer Northwest Inc. advised them to do a Condo Survey. The Condo survey accomplished their objective utilizing a different code. In the end, they got their two lots (just like in a short plat) but at a fraction of the time and expense of one.

Method..............~Cost............Time

Short Plat.................$110,000...........3 years
Condo Survey..........$9,500...............7 months

===============================
Savings................91%..............80%

Disclaimer: The codes in your jurisdiction may not be the same. The key to this example is that the clients had two existing homes on the same lot. Please consult a professional such as Cramer Northwest http://www.cramernw.com/ to discuss your particular case.