Boundary Survey And Title Insurance

Friday, June 12, 2009:

Plan to buy land this year?  If so, have a boundary survey completed by a registered surveyor.  Then follow up with title insurance “as to matters of survey”.

First the survey will identify the boundaries of the property you plan to buy.  This is very important, especially if the property hasn’t been surveyed in recent decades.  As a result of low-tech – or no-tech – equipment available in years gone by, many mountain properties are not what they seem.

Often there are property overlaps between adjoining properties, meaning that two or more property owners may claim ownership of the same turf.  This usually results in a “boundary dispute” which must be resolved.  There can even be a “no man’s land” between properties – land that is owned/claimed by no one.

It is also quite common for a property owner’s deed to call for 114 acres, only to learn after a survey that there are only 100 acres.  On rare occasion, the reverse can also be true.  One property survey showed a full 100 acres less than the owner thought he owned.

Ask the surveyor to “paint” the property lines for a more permanent display of boundary locations.  This will avoid misunderstandings in later years.

In summary, don’t take the owners word for the acreage and location of boundaries you are purchasing.  Insist on having a survey completed (buyers pay this bill), with the final purchase price based on the actual surveyed acreage.