Do I need a Survey?
Nope. You can buy a pig in a poke.
DO I NEED A SURVEY? 1. "I purchased TITLE INSURANCE so I do not need a survey." This is one of the most widely held MISCONCEPTIONS in land transactions and it is absolutely WRONG. The title industry and surveyors work very closely together, but their objectives and products are entirely different. When you purchase title insurance without a survey, you have an insurance company's guarantee that the seller owns the property and has the sole right and ability to convey title to you. The insurance company will specifically state that it makes no guarantee that the boundaries are correctly described or that the area recited in the deed is correct. Horror Story No. 1 You purchase a new home in a subdivision and the builder proudly shows you the fine fences he has built around your new home-to-be. The builder and realtor have impeccable reputations and you are happy to buy the home without the added expense of a survey. Until the day you discover an error in location was made and the house you love is not located on the lot you bought! The realtor, builder and title company are all embarrassed, but YOU are the LOSER. Horror Story No. 2 Farmer Brown is growing old and wants to settle his affairs by giving his land to his two children and selling his house to an outsider. His deed calls for 40 acres of land. He has an attorney prepare two deeds for his children. One is for "the west 15 acres of my land" and the other is for "the east 15 acres of my land." The 10 acres between the two tracts includes the house and is offered for sale. No survey is performed. You are considering buying the house and 10 acres for cash and you decide to hire a surveyor to locate the undefined boundaries. The resulting survey reveals that after two prior 15 acre conveyances are severed, the remaining tract is only 3 acres in area because the original, unsurveyed tract only encompassed 33 acres instead of the 40 acres recited in the old deed. With this information, you now have the opportunity to reevaluate the whole deal. Horror Story No. 3 In 1938, Farmer Green willed his 160 acre farm to his two sons and described an 80 acre parcel to be conveyed to each. One son stays on the farm and builds his home, barns and other improvements. The second son moved to California and has not seen his land since he left. You are considering buying the beautiful farm of son #1 and the title company reports to you that his title is clean and unencumbered. Everything appears to be in order, but your banker requires that a boundary survey be made before they will advance the purchase money to you. Imagine everyone's surprise (including son #1) when the survey reveals that the two brothers have mistakenly occupied the wrong tracts for all these years. Remember this The title people do not visit the land. In this case, they knew that son #1 was willed an 80 acre tract, but they did not know where his house was! Only the surveyor puts the two features together and locates the deeded tract on the ground. 2. "The fences have been in place for 20 years, so they are okay." Adverse possession is one of the most quoted and least understood of all title principles. For title to pass to a new owner by this principle, seven very definite steps have to be proven to have occurred . . .and it must be done in a court of law!! Nothing is automatic in adverse possession. Remember this; if a fence was built in the wrong place 50 years ago, then it is still in the wrong place today. 3. "My attorney can write the description for the + acre parcel I wish to sell." Yes, he can . . . . and you can stake the corners yourself. And build fences. And when a surveyor is hired years later to determine the boundaries of the + acre tract as described in the deed and the fences are revealed to be off-line a few feet . . . . are you going to move the fences or prepare a new legal description to accommodate the fences as built? It is much cheaper to do it right the first time!! 4. "A surveyor might find some problems which need curing . . . and that will delay the closing and cost a lot of money." That line of thought is okay if you are the SELLER. But if you are the BUYER . . . . wouldn't you rather know before you buy the place and those problems and costs still belong to the seller? 5. "Find me a surveyor who is cheap and can start today." All surveyors are not equal in ability. Just as there are good lawyers and bad lawyers . . . . good doctors and bad doctors. While no one wishes to waste money, selecting a surveyor based on a cheap price or his reputation for being cheaper is usually not a wise choice for the thoughtful buyer to consider. You can investigate a surveyor's qualifications by inquiring among other professionals in the industry, i.e.: bankers, mortgage companies, title companies and realtors. A good surveyor will come recommended by the professional that recommended the survey itself. And you can inquire at the Board of Professional Land Surveying about complaints and other matters of which they are aware. 6. I'm buying the property. The seller should provide the survey. Yes he should. It's just like when you buy a used car and you have the seller provide a mechanic to say there's nothing wrong with his car. Same exact thing.