A survey is a scale drawing of a property that shows boundary lines, lot size and dimensions, easements, encroachments and permanent improvements,such as structures, driveways, fences, etc. This document is drafted by a licensed surveyor or land engineer who, using the property description provided on the deed as a guide, will make the determination of whether all structures on a lot fall within described boundaries.
What happens if a structure is NOT within the described boundaries?
If a building, fence, garage, or other permanent structure is over the boundaries for the lot and is situated on another person's land, it is called encroachment. It is not uncommon to have minor encroachments of several inches (usually involving fences, walks, or driveways), which are generally not of much consequence. When this happens, such encroachments are made "exceptions" on the title insurance policy. But when part of a building is encroaching, it is a more serious matter because it must be corrected prior to closing since it affects the marketability of title. A buyer cannot be forced to buy a property with significant encroachment, as a title insurance company would most likely refuse to insure the property. The lender/mortgage company would then refuse to lend the money until the problem is resolved. In any case, the buyer must be advised of any encroachments prior to closing.
When someone buys real estate, they buy whatever falls within the described boundary areas. When part of someone else's structure falls on their property, the seller has no legitimate way of conveying what is on the property of another. Such difficulties can be resolved by having the encroaching party seek an easement from the neighbor, having the neighbor move or remove the offending portion of the object causing the encroachment, tear the structure down altogether, or seek court confirmation of the existence of right in the land through a prescriptive easement (granting permanent rights of the use of the land to someone else) or adverse possession (acquiring title to property by open, notorious, continuous, hostile, or exclusive possession of it). See Sample Survey, which contains an encroachment.
How many surveys do we need for each unit we develop?
Normally, you would need to get a survey when you acquire a property for all of the reasons stated previously. In addition, if you are making changes to the footprint of the house or are installing or removing structures on the property prior to resale, it is recommended that you get a "completion" survey. Finally, the new buyer will need to provide a survey endorsement at closing which consists of four copies of the completion survey, which are distributed to the title company, the mortgage company, the home owner's insurance policy, and the buyer. All four parties must receive originals, which contain the corporate seal provided by the survey firm.
OHIO CAPITAL CORPORATION FOR HOUSING