While buying or selling real estate, many people understandably focus on negotiations, inspections, and financing. However, one critical aspect that’s often overlooked until later in the process is land surveying. A survey provides crucial information about the property that can help prevent disputes, resolve questions about boundaries, and ensure a smooth real estate transaction. Whether you’re a homebuyer, seller, or real estate professional, understanding the role of surveying in real estate transactions can save time, money, and legal headaches.
What is Land Surveying Anyway?
Land surveying is the process of measuring and mapping a piece of land to determine its legal boundaries, as well as the location of physical features such as buildings, fences, driveways, and utilities. Professional land surveyors use specialized equipment, such as GPS systems and electronic distance-measuring tools, to precisely map the land’s dimensions.
There are different types of surveys depending on the specific needs of the transaction:
- Boundary Surveys: These determine the exact boundaries of a property and are often used when there are concerns about property lines.
- Topographic Surveys: These focus on the elevation and natural features of the land, such as hills, valleys, and waterways.
- Construction Surveys: Used before and during construction projects to ensure buildings or improvements are placed correctly on the property.
- ALTA/NSPS Land Title Surveys: This detailed survey is used in commercial transactions and is required by lenders and title insurance companies. It provides information about property boundaries, easements, encroachments, and other elements affecting the property.
Why is Surveying Important in Real Estate Transactions?
Land surveying plays a vital role in any real estate transaction because it provides precise information about the property being bought or sold. Here are some of the key reasons why surveying is crucial:
Ensures Accurate Property Boundaries
One of the most important functions of a survey is to establish accurate property boundaries. Knowing exactly where the property begins and ends is essential for both buyers and sellers. Without a proper survey, disputes can arise with neighboring property owners over where fences, driveways, or other structures should be located.
For example, if a buyer purchases a property and later discovers that part of their garage or fence is on a neighbor’s land, this could result in legal disputes, additional costs, and a stressful situation for the new owner, even if they had nothing to do with the cause of the problem in the first place.
Identifies Encroachments
An encroachment occurs when a structure from one property crosses the boundary into another property. Common examples include fences, driveways, or even parts of buildings. An accurate survey will reveal any encroachments that may affect the value or use of the property. This is particularly important for buyers who want to ensure there are no legal conflicts or potential future disputes with neighbors.
Real-Life Example
A homeowner in Weirton, WV, wanted to sell their property but discovered through a survey that their neighbor’s shed encroached onto their land. This led to delays in the sale while the issue was negotiated and resolved between the parties. Without a survey, the new buyer might have inherited this problem unknowingly, potentially leading to legal action.
Uncovers Easements and Rights of Way
An easement is the legal right for someone else to use part of your property for a specific purpose, such as utility access or a shared driveway. Easements can sometimes restrict the ways you use your property, so it’s crucial for buyers to know if any exist before finalizing a purchase.
Surveys identify any easements or rights of way that may affect the property, giving buyers a clear understanding of any limitations or obligations tied to the land.
Real-Life Example
In one case, a family purchased a home in Weirton only to find out after the sale that the local utility company had an easement allowing access to a portion of their backyard for maintenance. Had they known this before purchasing, they might have negotiated a lower price or reconsidered the property entirely.
Helps Prevent Future Legal Disputes
Without a proper land survey, buyers and sellers are exposed to potential legal disputes down the road. If a buyer unknowingly purchases a property with boundary issues, encroachments, or undisclosed easements, they could face costly legal battles later on. Surveying ensures that all parties have a clear understanding of the property’s boundaries and any other legal issues that might affect it.
For sellers, having an accurate and up-to-date survey can also help expedite the sale by reassuring potential buyers that there won’t be any boundary disputes or other issues.
Assists with Zoning and Land Use Compliance
Zoning laws govern how land can be used in different areas, such as for residential, commercial, or industrial purposes. A survey will confirm whether the property complies with local zoning regulations and if any structures are located too close to property lines or violate setback requirements. If a property is found to be in violation, this could delay the sale or lead to costly modifications to bring it into compliance.
For buyers planning to build on or modify the property, a survey is essential to ensure their project complies with local zoning ordinances and building codes.
Surveying Challenges in Real Estate Transactions
While surveying is a critical part of the real estate process, it can sometimes present challenges that delay or complicate transactions. Some common issues include:
Discrepancies Between the Survey and Legal Description
Sometimes, the legal description of the property in the deed doesn’t match the actual survey results. This could be due to outdated records, human error, or previous boundary adjustments.
Unrecorded Easements
Occasionally, surveys uncover easements that were never officially recorded, leading to confusion about property rights and usage.
Historical Disputes Over Boundaries
In older communities like Weirton, WV, where properties have changed hands multiple times, there may be longstanding disputes over property lines. A survey can help clarify these issues, but resolving them may take time and legal intervention.
Real Life Example
In a real estate deal in Brooke County, a buyer wanted to purchase a large plot of land for development. However, the title search and survey revealed a discrepancy between the boundary lines on the property’s deed and the actual survey results. The original deed had been drawn up decades ago, and a neighboring landowner disputed the boundaries. Resolving this issue delayed the closing by several months as legal teams worked to settle the dispute.
A Note on Title Insurance – It’s Not a Survey Substitute
Title insurance protects buyers and lenders from potential claims against the property, but it doesn’t cover physical boundary issues, encroachments, or disputes over easements. This is where a survey comes in—by providing a clear, accurate picture of the property’s boundaries and any legal rights attached to it.
In many cases, lenders will require a new survey before issuing title insurance or approving a mortgage. This extra layer of protection helps prevent future issues related to boundary disputes or other title concerns.
The Importance of Surveying in Real Estate Transactions
Surveying is an essential part of the real estate transaction process. It provides buyers, sellers, and lenders with valuable information about the property’s boundaries, encroachments, easements, and compliance with local regulations. Whether you’re buying a home in Weirton or selling commercial land in the surrounding area, a thorough and accurate survey can help prevent delays, legal disputes, and unexpected costs down the road.
At Guida Law Offices, we understand the importance of getting your real estate transaction right the first time. Our team can help guide you through the process, ensuring that all title and survey issues are resolved before you close the deal. Contact us today for more information on how we can assist with your real estate needs.