ARTICLE PAULA AND KEVIN FALLON | PHOTOGRAPHY ROBERT OCH
OPEN HOUSE
PROPERTY SURVEYS PROPERTY SURVEYS ARE A LOT LIKE RELATIONSHIPS YOU MUST KNOW YOUR BOUNDARIES!
the importance of property surveys SURVEYS PROVIDE A DETAILED MAP REFLECTING THE
SURVEY INFORMATION
PROPERTY’S LEGAL BOUNDARIES. Surveys include a written
Surveys define all characteristics of a property
legal description, address, location of adjacent structures and prop-
including improvements, utilities existing on the
erties, land improvements, easements, shared driveways, a right-of-
land, easements, and references to natural char-
way to a street or alleyway, and underground utilities. The survey
acteristics of the land that may impact its use,
protects all parties involved in a transaction. The certified survey
including ponds, creeks, lakes and water wells.
provides admissible expert evidence regarding whether or not the legal description of the property contained in the sales contract and closing documents is correct. It also ensures that all improvements and easements conform with applicable state or federal laws and restrictions such as county codes, city ordinances or community restrictions. Governmental departments often require a specific survey before granting building permits and allowing construction to commence. Sometimes a permit is issued without a survey and terrible mistakes occur. A couple had a pool installed without using
CLOSING WITHOUT A SURVEY While it’s true that Florida law does not require home buyers to survey residential property before they close, it’s extremely important to do so as any number of issues can materially affect the value of the property and the ability to sell.
a survey. It was later discovered that the pool had been built on an easement owned by the community. A seller discovered that half of their garage was built on their neighbor’s property when the buyer
FIXING ENCROACHMENTS
presented a survey! We encourage you to have a current survey to
If the survey indicates that there’s an encroachment,
verify the exact boundaries of your property, eliminating any sur-
the buyer must make a decision to proceed with the
prises during your transaction.
purchase and assume the risk or have the seller remove those improvements (at seller’s expense) before closing on the property. We recommend seeking legal advice if found in this position.
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Saint Augustine Lifestyle | March 2020
