ARTICLE 10: Survey Discrepancies for Property Developers

Overcoming Survey Discrepancies: A Proactive Approach for Property Developers

A survey is supposed to show you exactly what you're buying: property lines, easements, utility locations, and potential encroachments. It's your blueprint for understanding the land before you invest a single dollar in development.

But here's the reality that catches developers off guard: survey discrepancies are one of the most common—and most expensive—problems in development projects. A survey shows a utility line 40 feet from where the city records indicate it should be. Or boundary lines are 3 feet different from the adjacent owner's expectation. Or a neighbor's fence encroaches 2 feet onto your property.

These aren't minor nuisances. A single survey discrepancy can cost $50,000+ to resolve, delay your project by months, and derail your entire development timeline and budget. Yet most developers discover these problems after they've already purchased the land and begun planning or construction.

This comprehensive guide reveals the most common survey errors, how to identify discrepancies before they become catastrophic, the exact process for resolving conflicts, how utility issues can crater a development project, and the due diligence framework that separates prepared developers from those who get blindsided.

The Silent Budget Killer: Uncovering Survey Discrepancies Before They Derail Your Illinois Project

Survey discrepancies fall into several categories, and each type creates different problems:

Type 1: Boundary Line Discrepancies

The survey shows your property line is at point X, but the neighbor's survey (conducted at a different time) shows their property line at point Y. Now you have competing claims about exactly where your property begins and theirs ends.

Real-world example: A developer purchases a 5-acre parcel in Cook County intending to build a mixed-use development. The survey shows the southern boundary as a straight line running east-west. But the adjacent property owner claims (based on an older survey) that the line should be 3 feet further south. This 3-foot difference affects 400 linear feet of boundary, creating a discrepancy of 1,200 square feet—enough land to eliminate one row of parking spaces.

Impact: Renegotiation with neighbor, potential boundary dispute litigation, redesign of site plan, project delay

Type 2: Utility Location Discrepancies

You're planning your site and assume the electric, gas, and water lines are located based on municipal records. But when you conduct a detailed utility survey (often called a "call before you dig" survey or subsurface utility engineering—SUE), the actual utility locations don't match the records.

Example: Your site plan shows a storm sewer running north-south across the property. But the utility locate reveals the sewer actually runs northeast-southwest, 15 feet off the recorded path. Now your grading plan and stormwater management design must be completely reworked.

Impact: Redesign of site plan, extended timeline for permitting, conflicts with other planned utilities, potential need for expensive utility relocation

Type 3: Easement Discrepancies

Your title search showed no easements, but the survey reveals an unrecorded easement held by the utility company. Or a recorded easement is shown in the wrong location on previous surveys.

Example: A utility easement on your property is recorded but shown on old surveys as running 20 feet west of where the current survey places it. The current utility locate confirms the easement location has shifted or was always misrepresented.

Impact: Restrictions on what you can build in that easement corridor, potential need for easement modification or relocation, conflicts with site plan

Type 4: Encroachment Issues

An adjacent property owner's fence, driveway, or building partially encroaches onto your property. Or conversely, your planned structure would encroach onto neighboring property.

Example: The developer plans a new building footprint based on the survey, but construction reveals that a portion of the footprint would be 18 inches into the adjacent property (a covenant violation).

Impact: Immediate halt to construction, legal action to resolve encroachment, redesign of building footprint, construction delay

Type 5: Access and Right-of-Way Discrepancies

Your survey shows adequate access to the property via a public right-of-way, but further investigation reveals the right-of-way is narrower than expected or has restrictions on use for your development type.

Example: Access to a commercial parcel is via a 30-foot right-of-way shown on survey. But the city's records show the right-of-way is only 20 feet wide in this section—insufficient width for the dual-lane ingress/egress your plan requires.

Impact: Redesign of access points, negotiation with adjacent property owner for access easement, potential reduction in developable area

From Boundary Lines to Buried Utilities: Decoding the 5 Most Costly Survey Errors for Developers

Not all survey errors are equal. Some create minor adjustments; others crater entire projects. Here are the costliest mistakes:

Error #1: Assuming Old Survey Data is Current

Many developers inherit surveys from previous acquisitions or previous owners. They use this data for site planning without conducting a new survey.

The Problem: Utility companies move lines. Easements get modified or abandoned. Property corners shift slightly due to weathering or previous construction. A survey from 5 or 10 years ago may be dangerously inaccurate.

The Cost: Using outdated survey data, you might design infrastructure that conflicts with actual utility locations, creating discovery problems during construction.

Prevention: Conduct a new survey specific to your development project, regardless of previous surveys. This typically costs $1,500-$3,500 for a standard 5-10 acre parcel.

Error #2: Relying on City Records Without Field Verification

Municipal records show utility locations, easements, and right-of-way widths. But these records are often outdated or incomplete.

The Problem: You design your development based on city records, only to discover during utility locate that actual conditions are different. By then, your site plan is finalized and permits are being reviewed.

The Cost: Redesign costs ($2,000-$5,000+), permit amendment fees, extended timeline

Prevention: Commission a professional utility locate (SUE—Subsurface Utility Engineering) that physically locates utilities rather than relying solely on records. Cost: $2,000-$8,000 depending on property size and complexity.

Error #3: Not Accounting for Easement Width and Restrictions

A recorded easement might be 20 feet wide, but title is unclear about what construction or site use is permitted within that easement corridor.

The Problem: You plan to put parking in the easement corridor (assuming the utility company won't object). But the easement language specifically forbids structures or impervious surfaces. Your site plan violates the easement.

The Cost: Parking redesign, potential conflict with utility company, site plan revision

Prevention: Request easement documents and have an attorney review the specific language restricting use. Confirm with the easement holder (utility company) what uses are permitted.

Error #4: Underestimating Boundary Uncertainty

Older properties may have boundary lines established decades ago using less precise surveying methods. Modern GPS surveying sometimes reveals discrepancies with older monuments.

The Problem: Your architect designs the building footprint to within 1 foot of the boundary based on the survey. But when you attempt to get boundary line approval, the adjacent owner disputes the boundary and produces an older survey showing a different line. Now you have a boundary dispute.

The Cost: Boundary litigation ($5,000-$25,000+), project delay, potential building redesign

Prevention: Commission a "professional boundary survey" where the surveyor researches historical surveys, property deeds, and physical evidence (property corners, monuments). Discuss potential boundary disputes with adjoining owners before finalizing site plans. Cost: additional $500-$1,500 for thorough research.

Error #5: Ignoring Floodplain and Wetland Delineations

A survey might show topography, but separate floodplain and wetland surveys are needed to understand buildable area.

The Problem: Your site plan assumes 8 acres are developable. But floodplain and wetland delineations reveal 2 acres are in a wetland buffer zone or floodplain, severely restricting development.

The Cost: Loss of developable area (reducing project returns), site plan redesign, complex wetland mitigation strategies

Prevention: Conduct separate environmental surveys (floodplain and wetland delineations) simultaneously with boundary surveys. Cost: $1,000-$3,000.

Your Proactive Playbook: A Step-by-Step Guide to Resolving Land and Utility Survey Conflicts

When a discrepancy is discovered, speed and methodology matter.

Step 1: Verification and Documentation

When you discover a discrepancy (utilities in wrong location, boundary lines conflicting, easement restrictions unclear):

Conduct a second survey or utility locate to verify the discrepancy is real, not an error in the original survey
Obtain all supporting documentation: historical surveys, utility records, easement documents, deed language
Document the exact nature of the discrepancy: "Survey A shows sewer at 100 feet west; actual locate shows sewer at 85 feet west—15-foot discrepancy"
Determine impact on your site plan: "This discrepancy eliminates parking for 12 spaces"

Step 2: Stakeholder Notification and Negotiation

Identify all affected parties:

For boundary disputes: Adjacent property owner, their attorney
For utility conflicts: Relevant utility companies (electric, gas, water, sewer, telecom)
For easement issues: Easement holder, city/county if public easement
For access issues: Adjacent property owners, city if public right-of-way

Notify them of the discrepancy and propose a resolution meeting.

Step 3: Resolution Options

Option A: Easement Modification or Relocation

If a utility easement is located where you need to develop, you may be able to negotiate modification or relocation with the utility company. This requires:

Professional utility engineer to design alternative routing
Cost-benefit analysis (utility company must agree the relocation is feasible and not prohibitively expensive)
Timeline: 60-90 days for negotiation and engineering
Cost: $2,000-$10,000+ depending on complexity

Option B: Boundary Line Adjustment

If a small boundary discrepancy exists and both owners agree to resolve it:

Professional surveyor prepares boundary adjustment survey
Both property owners sign agreement
Document is recorded with county
New survey reflects agreed-upon boundary
Cost: $500-$2,000

Option C: Legal Resolution (Boundary Dispute or Quiet Title)

If the discrepancy creates a genuine ownership dispute:

File lawsuit to determine correct boundary
Court orders survey to establish boundary
Judgment recorded on title
Cost: $3,000-$15,000+ in legal fees

Step 4: Site Plan Redesign

Once the discrepancy is resolved:

Architect revises site plan to accommodate actual utility locations, boundaries, or easements
Updated site plan is resubmitted for permits
Construction proceeds with confirmed accurate survey data

Step 5: Documentation and Contingency Planning

Before construction begins:

Get Staking Plan prepared by surveyor showing all critical measurements for construction
Conduct boundary corner verification before heavy equipment arrives on-site
Keep survey data and all correspondence accessible to construction team
Budget contingency (5-10% of construction cost) for unforeseen survey-related issues

Beyond the Blueprint: How Expert Energy & Utility Consulting Future-Proofs Your Development

Modern developments involve complex utility interactions: electric, natural gas, water, sanitary sewer, storm sewer, telecommunications, fiber optic, steam lines (in urban areas). Each utility creates easements and operational constraints.

The Advanced Utility Approach

Subsurface Utility Engineering (SUE)

Instead of relying on records, conduct professional utility locate and ground-penetrating radar (GPR) to physically identify utility locations before site planning begins.

Benefits:

Accurate utility locations prevent costly redesigns
Identify unknown utilities that aren't on city records
Resolve conflicts before permitting
Reduce construction delay and change order risk

Cost: $3,000-$8,000 for typical development site; more for complex urban sites

Energy Efficiency Considerations

Some developers discover that recorded utility easements or utility locations create constraints that limit energy-efficient design (e.g., solar panel orientation, geothermal drilling).

Strategy: Commission an Energy & Utility Consultant to evaluate how recorded easements and utility locations affect energy design. This specialist can:

Identify alternative equipment locations that don't conflict with easements
Recommend building orientation to maximize energy efficiency while respecting utility constraints
Design site plan that accommodates both development and utility requirements

Cost: $1,500-$3,000 for energy/utility consulting

Right-of-Way and Access Verification

For developments requiring public or private right-of-way access:

Verify exact right-of-way width and location with city/county
Confirm sight distance requirements for traffic safety
Verify right-of-way can accommodate planned access (number of lanes, turn radii, etc.)
Document any recorded access restrictions

Development Timeline Protection: Integrating Survey Work into Your Schedule

Survey discrepancies add weeks or months to development timelines. Smart developers integrate survey verification into their schedule strategically:

Pre-Purchase Survey Work (Before You Acquire Land)

Commission boundary survey
Conduct utility locate
Verify easements and rights-of-way
Identify environmental constraints

Timeline: 2-3 weeks Cost: $4,000-$8,000 Benefit: Understand property constraints before purchase; better informed offer price

Pre-Design Survey Work (After Purchase, Before Site Design)

Commission professional boundary survey if purchased property
Order comprehensive utility locate with SUE if complex site
Obtain all easement documents and review with attorney
Commission environmental delineations if wetlands/floodplain concerns

Timeline: 2-4 weeks Cost: $3,000-$12,000 depending on property size Benefit: Complete information before design team begins; prevents design changes later

Pre-Permit Survey Work (After Design, Before Permit Submission)

Have surveyor verify site plan accuracy against field survey
Conduct final staking to confirm utilities, boundaries, easements as shown on design
Obtain any needed boundary adjustments or easement modifications

Timeline: 1-2 weeks Cost: $1,000-$3,000 Benefit: Permits based on verified accurate data; fewer permit revision requests

Construction Surveys (During Construction)

Surveyor conducts periodic verification as construction proceeds
Staking confirms building location, utilities, access points match design

Timeline: Ongoing every 2-4 weeks during construction Cost: $200-$500 per visit Benefit: Catches construction errors before they become expensive mistakes

The Bottom Line

The most successful developers invest in comprehensive survey work upfront. The $5,000-$15,000 investment in thorough surveys, utility locates, and boundary verification is trivial compared to the cost of discovering survey discrepancies mid-project or mid-construction.

Survey discrepancies aren't mysteries—they're predictable problems that professional developers identify, document, and resolve systematically. The next time you're evaluating a development property, budget for thorough survey work and verify every critical constraint before your design team sketches the first line. Your project timeline and budget will thank you.