Are surveys needed?

When the purchase involves stand alone property, meaning it is not a unit in a building, then the answer is almost always, “YES”. Note here that the survey might not be legally required but there is almost no situation where it wouldn’t be recommended. This is especially true when the property is in a more underdeveloped area. The answer is also “yes” for connected town homes in certain situations.

A survey provides some vital information beyond just the boundary lines to a property. The survey will disclose any encroachments from the subject property onto neighboring properties or into easements as well as encroachments from neighboring properties onto the subject property. A purchaser needs to be aware of these encroachments prior to closing as they will be listed as exceptions from coverage on the final title policy (in most instances). Minor encroachments might not pose any concern although the purchaser still needs to understand how these encroachments could impact their use and enjoyment of the property in the future. In addition a purchaser needs to be aware of any encroachments from their property onto a neighboring property and the potential risks that could exist due to those encroachments, such as the risk that a neighbor may ask for the encroachment to be removed (i.e. moving of a fence).

Surveys will be required by lenders in financed transactions of stand alone properties and will typically be ordered automatically for the purchaser. However, in cash transactions the purchaser will need to request the survey to be ordered. Most title companies will ask the purchaser in a cash transaction whether they would like a survey or not. Surveys are relatively inexpensive, especially considering the important information that they provide. If a purchaser is planning to do any work on the property that would extend the walls or involve a fence or pool, then a survey will be critical and likely required by the municipality to pull proper permits.

Bottom line, always recommend that your customer obtain a survey on property for their protection and yours. Survey issues rarely kill a deal, although if there is an issue that is so great as to kill a deal, it is better discovered up front.