I’m getting Title Insurance, so I don’t need a survey. Do I?
“I’m getting Title Insurance, so I don’t need a survey.” “I’m buying new construction, so I don’t need a survey.” “The property I’m buying has been owned by the same family for a 100 years, so I don’t need a survey.”
WRONG, WRONG and WRONG! These are but a few of the fallacies or urban legends that exist in regard to the necessity of a survey for land transactions.
When you purchase title insurance without a survey, you are insured that the seller owns the property and has the right and ability to convey marketable title to you. The title company will typically except from coverage any state of facts an accurate survey would show. (The current ALTA Loan policy provides survey coverage to lenders.)
The following are a few examples of what could happen if you choose not to obtain a survey.
Horror Story No. 1: You purchase a home in a new subdivision and the builder points out the fine fences he has built around your new home-to-be. The builder and realtor have impeccable reputations and you are happy to buy the home without the added expense of a survey. Until the day you discover that the house you love is not located on the lot you bought! The realtor, builder and title company are all embarrassed (and potentially may have some liability), but YOU are the one who has to live with the HEADACHE.
Horror Story No. 2: Farmer Old MacDonald is getting a bit long in the tooth and wants to settle his affairs by giving his land to his two children and selling his house to an outsider. His deed says he owns 45 acres of land. His plan is to prepare two deeds for his children. One is for "the west 15 acres of my land" and the other is for "the east 15 acres of my land." The 15 acres between the two tracts includes the house and is offered for sale.
You are considering purchasing the house and 15 acres for cash and your attorney recommends that you hire a surveyor to locate the undefined boundaries. The resulting survey reveals that after two prior 15 acre conveyances are severed, the remaining tract is only 3 acres in area because the original, unsurveyed tract only encompassed 33 acres instead of the 45 acres recited in the old deed. With this information, you now have the opportunity to reevaluate the whole deal. Without the survey you would have purchased 3 acres for the price of 15!
Horror Story No. 3: In 1948, Farmer Brown willed his 160 acre family farm to his two sons and described an 80 acre parcel to be conveyed to each. One son stays on the farmstead and builds his home, barns and other improvements. The second son moved to Oregon and has not seen his land since he left. You are considering buying the beautiful farm of son #1 and the title is clean and unencumbered. Everything appears to be in order, but your attorney wisely advises that a survey be made before the purchase. To everyone's surprise (including son #1) the survey reveals that the two brothers have mistakenly occupied the wrong tracts for all these years.
The title insurance company does not visit the land. In this case, they knew that son #1 was willed an 80 acre tract, but they did not know where his house was! Only the surveyor puts the two features together and locates the deeded tract on the ground.
So what should you do? Hire your own attorney, select an independent title agent and get a survey!

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