Surveys at a Glance

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Surveys at a Glance

© 2023 Independence Title Education
1 Surveys at a Glance
Intro to Surveys Surveys in your Transactions Tips for Reviewing Surveys Agenda
Presented by the Education Team at Independence Title. TREC Approved Continuing Education Provider License# 403.

Intro to Surveys

Land Title Survey

Land Title Survey: a complete study and evaluation of all factors influencing and affecting the location of the boundaries, rights of way, and easements within a subdivision lot or tract of land.

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Form Survey

Form or Construction Survey: performed on a construction site to control positions, dimensions and configurations for improvements.

Topo Survey

Topographic survey: a survey that measures the elevation of points on a particular piece of land and presents them as contour lines.

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Easement

An easement is the right of someone other than the owner to use a particular parcel of land for a particular purpose.

Utility Easement

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Right-of-Way Easement
PUE & DE Easement Example
Example

Building Line

A line that establishes beyond which no building may extend to ensure that its streets will appear uniform.

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Building Line=Uniformity

Building Line Example

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Encroachment

An encroachment is when another person puts up a structure that intrudes on or over your land or into an easement.

Protrusion Encroachment

Other Examples:

§ A neighbors builds a shed that is partially on the adjoining property

§ A neighbor has a fence that extends onto the adjoining property.

§ A driveway over a utility easement

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Encroachment Example Surveys in your Transactions

Why is a survey needed?

• The contract may call for it.

• The lender requires it.

• To issue survey coverage on the title policy.

The pros and cons of using an existing survey.

Pros

• Saves money

• Saves time

Cons

• Not a current survey.

• May not include all perinate info to the transition.

• Surveyor’s certification does not transfer.

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What about paragraph 6 (8)???

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“Will be amended”, means WILL get the coverage!
14 5% of this #
$400K = $120.65

Paragraph 6C.

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Agents…know your “survey situation”!!! X
Listing

Date of the most recent survey

NONE

• The purpose of the affidavit is to affirm the existing survey, so sellers should use the date of the most recent survey, which may be a survey ordered by them or by a previous owner of the home.

• Sellers should be aware that any date other than the date of the last survey will likely prompt the title company to request a new survey.

• It is ultimately up to the sellers what date they choose to use. At the bottom of Paragraph 4, the seller may list changes to the property that have occurred since that date or put “None” if there have been no changes.

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T-47 AFFIDAVIT - GET IT NOTARIZED!

• The T-47 must be notarized and executed by all the SELLERS within the number of days entered on the contract.

• Without the T-47 sworn affidavit, the Buyer can obtain a new survey at the Seller’s expense!

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• RPLS = Registered Professional Land Surveyor

• Licensed by the Texas Board of Professional Land Surveying

Who’s signature is needed?

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Surveyor’s Certification Survey Date

Legal Description

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Confirm
Mr. Buyer
Improvements

In addition to the checklist:

• Make sure the survey is legible.

• Make sure you have the entire survey!

Tips for Reviewing a Survey

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NOPE!

1. North Arrow & Legend

2. Find the points.

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3. Identify the property lines.

4. Is anything outside the property line?

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5. Are there any lines crossing the improvements?

Send the survey to title for review.

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Now What?
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