A property surveyor will measure property and create a report or map that indicates where one property stops, and another begins. A property survey has a variety of uses, from dealing with property disputes to creating legal documents that precisely indicate where land boundaries are located. Property surveys are essential when you are considering buying or selling real estate.
The results of the land survey can have a profound impact on your rights as a buyer, seller, or owner of real property. Below are just a few legal implications that may result from a property survey.
1. Set Out Precise Boundaries
A land survey will provide you with the exact boundaries for a property, and those property limits may surprise you. They may allow you to recognize potential encroachment issues, such as fences or plants on property that may not even be yours. It’s important that you find these issues out sooner rather than later, whether you’re an owner, a buyer, or a seller.
Having precise boundaries allows you to plan for building structures or installing fences. It also gives you great information in the event of a dispute with a neighbor.
2. Discover Property Restrictions
Some parcels of land have easements or rights-of-way on the property that you may not even realize. An easement is particularly common when public utilities cross your land, such as sewer lines, water lines, and utility poles. A right-of-way allows adjacent property owners to cross over your property to get to their own, such as with a shared driveway or walkway.
Some easements or rights-of-way will restrict how you can use your property, particularly with regard to adding new buildings. Plant restrictions may also exist. Generally, these issues will be included on your title, but a land survey can spot ones you don’t know about as well.
3. Learn About Land Improvements
A land survey can also provide information about past land improvements. You can learn the natural features of the land compared to the human-made improvements of that land, such as grading alterations or “dig-outs.”
This information is particularly useful if you are planning some ground improvements of your own. It may also be helpful if you are building or installing something that will significantly alter the land, such as a swimming pool or a septic tank.
4. Location Surveys for a Mortgage
Some lenders will request that the land undergoes a mortgage survey, which is similar to a land survey. Instead of the homeowner requesting this type of survey, the lender will make this request and use the information to ensure that the legal description of the property is actually as described in the accompanying legal documents. They do this to ensure that the property is sufficient collateral for the mortgage that you are obtaining. This type of survey is more common when you are buying bare land to use for building.
Contact Us
Land surveys can be an extremely helpful tool, whether you are buying, selling, or are simply considering making improvements to your property. If you are in the market for real estate, Danilson Law can help you utilize tools such as land surveys and home inspections to protect your purchase. Call 515 512 5500 today for more information.
