Sunday, August 26, 2018

Should I get a survey?

A survey is a vital part of due diligence conducted during the home buying process.  A title search will identify what easements and liens may affect a property.  A title search, however, does not identify what is actually on the ground.  Is the fence actually on the boarder?  Is the shed within the property bounds?  Only a survey prepared by a licensed land surveyor can identify the location of the boundaries, structures and easements affecting the property.  In the event there is a problem such as an encroachment, you can require the seller to correct it or walk away from the transaction prior to closing. 
             
Here is an example of why a survey is so important:  You buy a property.  The title search does not identify anything out of the ordinary.  You do not get a survey.  After closing, your new neighbor tells you that your driveway encroaches onto his property.  You call the title insurance company to defend the claim, but the title insurance company has excluded it from coverage because it would have shown up on a survey.  You are then left to defend the location of your driveway (at your expense) and/or relocating the driveway to cure the encroachment (also at your expense).
              
Had you obtained a survey prior to closing, you could have made the seller correct the issue or you could have terminated the transaction saving you both money and the headache that comes with title issues. 
              
Buying or selling a home?  Call Elizabeth K. Cassidy today at 845-987-7223 to discuss your needs. 

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