Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
As long as it's a recent survey and the survey markers (indicated on paper) can be found in the ground, there's really little reason to pay another surveyor to come out to the site. Of course, if it's an old survey, or boundary markers can't be found, or if there's a question as to the location of the buildings in relation to the property line...then paying for another surveyor would be in order.
I tend to order a number of surveys for my clients since many of the properties I deal with haven't been surveyed in many years. (A recently conducted survey had over 5 miles of perimeter!) However, when there is a recent survey in hand, it oftentimes works out that we can just go into the field and confirm the location of the survey markers. There's no sense paying for another survey under those circumstances.
Generally how one would define "recent".
How old the "survey report" in terms of months/years one should rely on?
On numerous occasions I have seen markers moved or removed. Although I've never had proof, it has always benefitted the neighbor of the property next door. I suppose we have more scumbags in the north east than the rest of the country. If your simply relying on the markers your either lucky, or never hear about the issues because they happen years later.
Well, that certainly can happen. In my area, we have the benefit of also being able to check property lines against the aerial photos on the County's GIS system. Their maps are remarkably accurate--and when we can check those against the survey markers in the field we can be quite confident about determining the boundaries. If there were ever a question, though, we'd get another survey done.
How old the "survey report" in terms of months/years one should rely on?
I don't think there is any set timeframe of what is appropriate--it's pretty much a judgment call based on the property's characteristics, it's location and other factors. For instance, if you're getting financing, the lender may have their own standards of what is acceptable, as might a title company. For me, I've never had a problem with a title company accepting a survey which was only a few years old. My last client who didn't have a new survey done accepted a survey which was three years old. In that case, the property lines were very well marked and we had no concerns that any of the found markers might have been moved--everything checked out okay. Also, some boundaries, such as along a lake or road, are less of a concern.
If you find that the survey in question was recently done by the builder, you shouldn't have any problem with that survey provided there are no potential encroachment issues to contend with.
If a new survey is needed it should be a condition of the sale and done before closing. Consult with your attorney.
Yes. You do the survey to uncover issues whilst someone else still owns those issues.
After closing means the OP owns any issues, and probably has them excluded in the title insurance coverage.
I can't believe the recommendations for the use of an attorney that has its location on record with the municipality. Also, I hope this attorney specializes in construction law, so we're not paying him hours to research what the clerk at the building department already knows. I'm amazed at how others recommend to spend others money. Is it lack of understanding of the process, or the scare story from a rural area 40 years ago, or is just to redirect liability away from ones self?
Why someone would get a lawyer involved in a residential property transaction is beyond me. Is this a 100 acre 14 million dollar estate, or a shack on a half acre? Maybe I'm blinded, because I could do the survey myself?
Maybe I'm blinded, because I could do the survey myself?
Maybe you're confused as to what constitutes a survey. Unless you're a licensed surveyor, you can't do a survey yourself.
If a lot is part of a recorded subdivision, the survey for the subdivision is usually of public record. Numerous properties do not have recorded surveys. However, just because there's a survey on paper does not mean that there are not boundary issues for a given property. A stakes-in-the-ground survey is key to identifying the boundaries of a property and making sure that there are no encroachment issues.
Real estate transactions vary greatly in complexity. I've done plenty of residential transactions without benefit of an attorney...and, in some states, use of an attorney is not customary. However, for those who wish to best protect their interests in a major purchase, the idea of using a qualified real estate attorney seems quite reasonable. It is cheaper to avoid a problem than it is to correct one ("an ounce of prevention is worth a pound of cure"). But you never need to use an attorney if you don't wish to do so--even for multi-million dollar purchases.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
