PROPERTY SURVEYS

PROPERTY SURVEYS ARE A LOT LIKE RELATIONSHIPS - YOU MUST KNOW YOUR BOUNDARIES!

ARTICLE PAULA AND KEVIN FALLON | PHOTOGRAPHY ROBERT OCH

SURVEYS PROVIDE A DETAILED MAP REFLECTING THEPROPERTY’S LEGAL BOUNDARIES. Surveys include a writtenlegal description, address, location of adjacent structures and properties,land improvements, easements, shared driveways, a right-ofwayto a street or alleyway, and underground utilities. The surveyprotects all parties involved in a transaction. The certified surveyprovides admissible expert evidence regarding whether or not thelegal description of the property contained in the sales contract andclosing documents is correct. It also ensures that all improvementsand easements conform with applicable state or federal laws andrestrictions such as county codes, city ordinances or communityrestrictions. Governmental departments often require a specificsurvey before granting building permits and allowing constructionto commence. Sometimes a permit is issued without a survey andterrible mistakes occur. A couple had a pool installed without usinga survey. It was later discovered that the pool had been built on aneasement owned by the community. A seller discovered that half oftheir garage was built on their neighbor’s property when the buyerpresented a survey! We encourage you to have a current survey toverify the exact boundaries of your property, eliminating any surprisesduring your transaction.

The Importance of Property Surveys

SURVEY INFORMATION

Surveys define all characteristics of a property including improvements, utilities existing on the land, easements, and references to natural characteristics of the land that may impact its use, including ponds, creeks, lakes and water wells.

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.

FIXING ENCROACHMENTS

If the survey indicates that there’s an encroachment, the buyer must make a decision to proceed with the 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.