When Should You Get a Property Survey?

The home-buying process can be filled with hurdles, many of which you probably anticipated. Maybe it took a while to find the right home or reach an agreement on purchase price. Still, you got there.

Then, just as you’re proceeding smoothly toward closing, you’re hit with the property survey report. Maybe it reveals that the driveway you thought would be yours is actually on shared land. Or you learn there’s an easement giving another person the right to access your future property for some purpose.

Whatever the issue, property surveys seldom bring welcome surprises. If you haven’t already, you’ll want to enlist the help of an experienced real estate attorney to ensure your interests are protected. They can be invaluable at this stage before you’ve closed. Not only will they be able to explain the risks and implications of the property surveyor’s findings, but they can also often leverage your position to negotiate a resolution that works for you.

In this article, we’ll review some property survey information to keep in mind as you move forward. Let’s start with the basics.

What Is a Property Survey?

A property survey is a professional evaluation conducted by a licensed surveyor to gather specific information about a piece of land. The professional surveyor uses special tools to collect and assess information about the property and create a survey report.

Depending on the type of survey performed, the report may include:

• Legal boundaries

• Property lines

• Usage rights

• Topography

• Structures

The most common type of property survey performed for people buying new property is a boundary survey.

Boundary Surveys

A boundary survey focuses on identifying the exact legal boundaries of a parcel of land. It’s commonly used in real estate transactions to confirm ownership limits and detect issues.

People buying a new home, or their real estate agent, typically request these surveys to confirm that the land described in the title matches the actual property boundaries and reveal any issues that could affect legal ownership or access.

The related survey report generally includes a detailed map and legal description of the land. It also covers features that may affect its ownership or use, such as:

• Physical structures: Pools, patios, and fences, for example

• Encroachments: Unauthorized use of the property, such as a structure or activity crossing over a boundary

• Easements: Another party’s legal rights to use part of the property for a specific purpose, like access or drainage

• Rights-of-way: Designated paths allowing travel or access, often for roads, sidewalks, or utilities

This information helps homebuyers understand the property’s condition, size, and location.

Other Types of Surveys

While home purchases often involve boundary surveys, homeowners or homebuyers might also request other types of land surveys. Depending on the circumstances, these could include:

• Floodplain survey: Shows if the land is in a flood zone, which can affect insurance and building plans

• House survey: Often called a “home inspection,” it focuses on the overall condition of the property itself, potentially revealing issues with the property’s foundation, walls, roof, and other structural elements

• New-build survey: Identifies defects or issues in a newly constructed property before or after purchase

• Topographic survey: Maps the land’s elevations and natural features, useful for building, landscaping, and remodeling

Whether you’re purchasing property for a new home or buying an existing residential property, ordering the right type of survey can help provide clarity.

Do All Homebuyers Need a Property Survey?

Not always. Your mortgage lender or title company may require a survey before approving a loan or issuing a title insurance policy. But getting a survey before a home purchase isn’t always required.

Still, it’s usually a good idea.

Without the proper survey, a homebuyer might not know if, for example:

• A fence is on a neighbor’s property (or vice versa)

• Any part of the land is in a floodplain

• Someone else has rights to use the property

A survey confirming property boundaries and identifying any easements/encroachments can help you avoid legal issues later.

Are Surveys Only for Purchasing Property?

No. There are several other situations where a property survey may be useful or required. Some of these include:

• Getting permits: To satisfy potential municipal zoning rules before building something

• Dividing a piece of land into smaller lots: To give buyers/developers accurate information

• Building a physical structure: To ensure you’re within setback rules and not over an easement

• Planning a major landscaping/grading project: To assess drainage patterns, elevation, and other characteristics

A current survey can also help resolve boundary disputes with a neighbor.

How Long Is a Survey Considered Valid?

Surveys don’t carry an expiration date. But it should be understood that they reflect the property at the time the survey was conducted. So, an existing survey may still be useful if the property hasn’t changed.

However, many title companies and mortgage lenders prefer either a new survey to ensure the information is current or a recertification by the original land surveyor. They’ll likely want to see a survey from the last two years, or as recent as the last six months.

Do I Need a Survey to Find Property Boundaries?

A boundary survey is generally the most reliable way to confirm where a piece of property starts and ends.

While you can look for old markers or use county maps, only a professional survey is precise enough to settle disputes or support permits.

What If the Surveyor Finds Issues?

If you obtain a survey during the homebuying process that uncovers issues affecting access or ownership related to the property, you’ll want to address them before moving forward.

For example, let’s say the survey shows a neighbor’s fence crosses boundary lines. You might ask the property owner to fix it before closing, negotiate a price reduction, or obtain a written encroachment agreement.

Alternatively, maybe the survey reports a utility line crossing the property, but no easement is recorded. You can request that the seller work with the utility company to record the easement properly and update the title to reflect the easement. If the easement affects the property value or future use, you might also negotiate a price adjustment.

Depending on the circumstances, it might make sense for the homebuyer to cure the issue, often with compensation from the seller.

Of course, you may also decide to withdraw from the deal if the issues are severe or if you cannot reach an agreement.

Consult an Experienced Attorney

If your survey does uncover issues, it can be difficult to know how to proceed. But you should fully understand your options before taking action. They are likely more extensive than you might suspect. A dedicated legal advisor can negotiate on your behalf and help structure a resolution that works for you, even if that means walking away.

FindLaw’s directory of real estate attorneys can help you identify the right lawyer for you. You’ll want someone licensed in your state and familiar with its laws. So, just click on your state, then city, to view background, ratings, and practice information for local experts.

Give yourself the peace of mind that comes with informed decisions. Enlist the help of an advocate who can protect your bargaining leverage and legal position.