Do you always get a survey?

Question

I'm about to buy a duplex off the MLS, and the owner has forwarded me the survey from when he bought it. Do I really need to get the property re-surveyed? Why? There are no buildings close to boundaries, nothing has been built around it in 40 years, and the lot is in the city and surrounded by other duplexes. What would a new survey or a confirmation of the old one get me really? When I go to sell it in 10 years, the buyer will then just get their own survey if they want, yes?

Thank you for your feedback!

Jill

Clint Shelley · Answer

There is usually nothing wrong with the title lines. There is nearly always something encroaching because people think surveys aren't necessary, and thus they don't know where the title lines are when they make an improvement. I make a handsome living surveying because they aren't necessary. You have to think of your property lines and conditions that affect them relative to that moment in time. Why do you think appraisals aren't valid after so many months? Because their value was based on market conditions at that time and conditions may have or did change. With the advent of county tax mapping and their errors, I have seen an explosion in encroachments because "my phone showed the propert line here, so we built our detached garage". BTW, most of the encroachment issues I locate are in lot and block subdiviisions. I don't have time to tell you the horror stories. It amazes me how much research people will do before they buy tires or a ladder, yet they'll own a 200000 piece of property and have no idea where the damn thing lays on the earth. It's not necessary to get a survey, but it's awfully prudent. Just my $.02. Clint

Clint Shelley · Answer

Just because something isn't recorded or platted does not mean it doesn't exist, is invalid, illegal, or defeasable. That's why unwritten doctrines such as prescription, adverse possession, parole agreements, unrecorded land contracts, wills, etc exist. Often times these things are exposed or uncovered only after their current or former evidence is uncovered by a survey. I can't count the number of times we were surveying a property that looks like it has an encroachment based on the record deed, only to have the neighbor bring out a notarized sale agreement that was never recorded simply because they did it themselves without benefit of a survey or legal counsel. The only ground evidence was Mrs. Mable's rose garden was 10 feet over the recorded title line. Each state has its own nuances about recording and fraudulent title and such. It's good to save money, but surveying and legal advice isn't the place to do it. It's much better to buy quality from a professional atty, surveyor, lender, PM, appraiser, contractor, etc and try to make your savings in other places. Your mileage may vary.Clint

JD Martin · Answer

I've always skipped the surveys as a cash buyer, but I've had two issues with fences outside of the property line that cost me money to have relocated, so in hindsight it probably would have been money better spent on the survey. On a property that was already fenced, both mine and the neighbors, I doubt I'd bother with it.

Jay Hinrichs · Answer

Anthony, Guy schooled me on this a few years back in Texas every SFR I rehabbed and sold a new survey was done when I bought and when I sold. has to do with fences over the prop lines etc.I think this is highly regional.. back when Guy and I were batting this around I was shocked since out here in Portland is rare to survey a lot and block subdivision parcel.. I have really never even seen any one do that in all the transactions .. if everyone ordered a survey in our market there would not be near enough surveyors do to the field work.. so there must be a ton of them in TExas… I Charleston SC which are OLD plats we survey there during due diligence there are encroachments on virtually every thing we do there.. being that he land is 150 to 250 years old.. all sorts of wonky stuff

Anthony Dooley · Answer

@Guy Gimenez if it is not recorded, it is not an easement. Not legally.

Guy Gimenez · Answer

@Anthony Dooley My comment was about unplatted easements, not unrecorded easements. Here is the exact comment, "What about non-platted easements?" I guess everything is regional...we certainly do things differently here than in other areas. Subd. plats are not the equivalent of an improvement survey in Texas and using a prior survey is OK IF the buyer wants to accept certain risks...something I'm not willing to do when I can spend $500 and have peace of mind and better coverage under my OTP.

Anthony Dooley · Answer

My statement to you was not related to plat maps or changing plat maps. You mentioned unknown easements and my point was that if it is unknown, not recorded, then it doesn't really exist.

Guy Gimenez · Answer

Now that is funny...me schooling @Jay Hinrichs. Ain't nothing I can school you on Jay.

Guy Gimenez · Answer

@Anthony Dooley. An easement can be recorded without being a platted easement....two different animals. Title companies in Texas don't insure boundary lines based on plats...which is why improvement surveys are so important. .

Anthony Dooley · Answer

@Jay Hinrichs I agree that it is regional. Most of the stuff I deal with is late 1960s to Early 1980s and not only are the subdivisions unchanged for the most part, but even if a surveyor found a fence over the line or something, it is just recorded as an encroachment. The plat isn't changed. So you couldn't say "no incumbrances or encroachments."