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.