Things Clients Should Know - Do I need a new survey?
Our lawyers often hear a buyer in a residential real estate transaction say, "I was told I don't have to get a new survey." That is correct-you don't have to. But should you? If you request a survey prior to the closing, a registered land surveyor will go to the property and survey its dimensions, locate the improvements on the property, such as the house, measure the building set back lines, note any utility easements as well as any encroachments. The result of the survey is called a plat, which is like a map-like drawing prepared by the surveyor showing the property, the location of the improvements, any easements and any encroachments. The plat can reveal many title problems. The location of the house might violate the building setback requirements. There could be a sewer easement running through the property or, as we have seen, even under the house! The property may not be as large as was thought. A neighbor's fence, driveway or even the house might encroach onto the property or vice versa. Some of these problems are easy to fix but many are not. If they are discovered before the real estate closing, then they are the seller's problem. If they are discovered after you purchase the property, then they will become your problem. The only way to be certain is to obtain a new survey. The purchase of real estate is one of the biggest, if not the biggest, purchase you will ever make. Why take a risk like this to save a few hundred Dollars? In our opinion, a prudent buyer will almost always get a new survey before purchasing real estate.
- 1 year ago
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