What are “FAQs”? Frequently Asked Questions: (Come here to find the answers to questions that others may have already asked.)
What is a “PK” nail? “PK” stands for “Parker Krylon” who
created an extremely strong “nail” for pounding into concrete. However,
“PK’s” are old-fashioned now and are not used at VIS.
“PK” nails have been replaced by “Mag” nails
which have a magnet in them. Therefore, metal detectors can locate them much
farther and much deeper. Also, we don’t need to pound nails into concrete or
blue rock now because we carry portable battery powered hammer drills with
carbide tipped steel bits to drill the holes exactly where they need to be
to properly mark your boundary corner.
What is adverse
possesion? Adverse possession is a form of
UNWRITTEN property conveyance — typically by “possessing” a parcel
of land in an “open, notorious, hostile, continuous,” etc. way. The
Hawaii State Constitutional Convention changed the statutory period from 10
years to 20 years and also limited the number of “adverse possession”
claims anyone can make.
Can we get by with a
“K-1” Staking? At VIS we prefer to
provide free “upgrades” to “K-2” Surveys. In recent times,
the main advantage of “K1” staking reports has been to hide
encroachments. However, not all court rulings have exempted surveyors from
professional responsibility to reveal encroachments–especially if the
encroachment is visible while standing near a boundary corner.
Why would we need an
ALTA Survey? The decision to order an ALTA survey normally
lies with the lender. Because surveying standards vary from state to state (and
in Hawaii from county to county), the “ALTA” survey was born to
insure lenders that uniform surveying methods and standards will be used.
What is FEMA? Federal Emergency Management Act:
After several hurricanes and spring flood disasters on the mainland, FEMA was
established to provide, among other things, flood insurance rate maps.
These maps cover all parts of the United States believed to be even remotely
susceptible to flooding and they try to approximate the seriousness of the
risks–mainly relying on the elevation of the property being assessed. It is
the purpose of a flood elevation certificate to determine what the actual
elevation of the property and its structure, if any, are. This elevation
is then used to determine the flood risk and therefore the insurance rate.
Can you define
“Witness Posts”? Surveyors set “witness
posts” (often wooden laths) near the actual boundary marker (often
galvanized water pipe) to make the corner “visible” and easier to
find — at least until the neighborhood children remove the “witness
posts” to use as swords.
Why do survey maps say
“found” or “set” for each corner marker? Land
Surveyors are charged with the responsibility “to follow in the
footsteps” of the original surveyor who laid out that parcel of land.
Therefore, it is a measure of how accurately we did that if we can find those
original markers (or earlier replacements of those original marks that were
lost).
Why do surveys cost so
much? For the typical “K2” survey, we
use only a few dollars worth of boundary pipe, paint, ribbon and stakes
(witness posts). What you are actually paying for is TIME. While we are working
for you, we are NOT working for anyone else. Our income for those hours/days
are coming from you, hence the term “market value”–a concept
familiar to our real estate clients. At VIS, we don’t travel to each lot to
prepare an in-depth cost quotation instead, we rely on the rule of averages and
our ability to read, primarily from the Tax Map, how much any
particular survey will cost. Sometimes we are too optimistic and lose
money on that job. But, hopefully, there will be a margin of profit on
some other survey so that by the end of the year, we are still in business!
Why do we have to pay
again when we do another survey just a few years later? Time
heals all wounds and, it seems, time moves all survey markers — or at least
“looses” them. That is why it takes nearly as long to review and
check a prior survey as it does to start from square one.
Why is the confirmation
letter “good” for only one year? Well,
it takes a lawyer to read the standard disclaimer on our survey reports
(mandated by ACSM). However, nothing there means the survey itself is limited
to one year. In fact, the law treats surveying like murder–there is no statue
of limitations! The “one year” applies only to WHO we are NOT
certifying our survey to. For anyone to rely on our survey, they must get on
that short list of covered people within ONE year of our survey. But, for
those people on the list, we are liable forever–or until a newer survey
assumes that liability.
What is a
“POL”? “Point on Line:”
A “POL” serves a good purpose when there isn’t a clear line of
sight along the boundary line (required for fence or wall building). In those
cases, and at additional expense, boundary marks can be placed not only at the
corners or angles but also at strategic points like at the top of bank where
the boundary plunges down into a gulch.
Why are they called
“Metes and Bounds Descriptions”? Between
the opening and closing portions of a legal description is a
numbered list. Each numbered item has two parts: “Metes” is the
numerical listing of direction (azimuth expressed in degrees, arch-minutes and
arch-seconds) and distance (expressed in feet and hundredths of a foot).
“Bounds” is the word part — e.g., “along Lot 14” etc.
What is an
“occupation line”? As you drive down a
residential neighborhood you can more or less tell where one yard ends and the
next begins. The clues are “occupation lines” and are often fences,
walls, hedges or sometimes just where one lawn is mowed differently from its
neighbor.
Can we order a survey
before loan approval? Yes–but… we prefer you
don’t — order it that is. However, please give us as much advance notice as
you can of PROBABLE surveys. It is our #1 priority to deliver all
“K-2” surveys within TEN working days of your received Authorization
to Proceed. That is usually quick enough for us to do the survey and prepare
the confirmation letter and map after loan approval. However, if you have a
special need, contact us and discuss how you can assure us we will be paid even
if escrow doesn’t close.
What is the difference
between Land Court, File Plans and Regular System lands? In
Hawaii, all land is either registered in the Land Court or it is Regular
System. Land Court is a very formal way to own property and the legal
gymnastics required to file a new Land Court Application are so expensive
that few, if any, new applications are filed. Most Land Court activity now is
editing existing maps to keep up with subdivisions and easements affecting
properties ALREADY in the Land Court. Technically “File Plans” are
regular system but they bridge the gap between the Maps of the Land Court and
the metes and bounds descriptions of the “Regular System.”
(“File Plans” are sometimes referred to as the “poor
man’s” Land Court.) Lots shown on a file plan don’t need a
metes and bounds description. However, once recorded, File Plans are not
updated so if any original lots are further subdivided, those new lots will
need a metes and bounds description.
What about Land
Commission Awards–what are they? During the
“Great Mahele,” Land Commission Awards were the legal document that
started the process of converting the King’s land to privately owned lands. The
process was completed when the commutation fee was paid and the Royal
Patent was recorded.
Why do you prefer to be
paid through escrow? It is very efficient
for us to deal with the escrow companies directly. We know the
escrow officers and their assistants, their phone numbers, extensions, email
addresses, fax numbers, etc. And the escrow companies have excellent
research departments that provide us with the documents (usually included in
the preliminary title report) we need for most surveys.