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Land Surveys
Summary: When buying land always get a land survey. Land Surveys are important and should be paid for by the land seller. A boundary survey measures and locates the property boundaries or building site and building envelope.
I have seen foundations that straddled property lines, were built too close to property lines, were in violation of minimum setback requirements, had their well drilled on the neighbor's property, and probably the worst violation of all, had a railroad easement running through the living room.
All these mistakes were revealed when the land owner applied for a construction loan after buying the land and starting construction. One of the first things we (good) lenders do is order a land survey. In the mortgage industry this is called a mortgage report.
All the above problems were eventually resolved, but took a considerable amount of time and money to do so. When setback violations occur, all work stops until the foundation is moved, torn down, partially rebuilt, or a variance issued. In some extreme cases, adjoining property must be purchased.
Hi, Carl -- I have a question about getting a survey. Can I just use the survey that had already been done when I purchased the land? Or do I need a new one? Thanks, Gena
Hi Gena,You are lucky you got a land survey when you purchased your land. Often sellers don't provide one and buyers don't ask for one.Note: Always get a survey when buying land, always...even if it's a large tract of land. Sellers should pay for surveys. A survey measures and locates the boundaries of a piece of land based on the legal description of that piece of land.
The actual written legal description of the property is called metes and bounds which uses carefully measured distances, angles, and directions.
When drawn out on a piece of paper by the surveyor, it looks like this.![]()
This survey is of lot in a subdivision with a building site drawn in.
Subdivisions have a master survey of all the lots in the subdivision recorded with the local municipality so the actual legal description can be referenced by just a lot number.
If the land you are buying isn't in a subdivision, the legal description of the piece of land you are buying will be written out.
Here is an example of a legal description in metes and bounds:
SE1/4 of NW1/4 of Section 3, T3N, R1E, 3rd PM would be the southeast quarter of the northwest quarter of section 3 in township 3 north, range 2 east of the 3rd Principle Meridian. Whew! Good thing land surveyors can draw these out isn't it?
The legal description on your survey should match the legal description on your “deed” and the legal description on your “title insurance policy”. Note: Always get Title Insurance for the land purchase. Seller should pay for it. So Gena, whether or not the survey that you have from the purchase of your land will suffice depends on what you are going to do with the land. If you are just going to look at the land for a few years and not build any new structures, it should be fine if it meets the above criteria as to matching legal descriptions. If a new structure is going to be added, or an addition to an existing structure is going to be made, a revised survey will be required by your home mortgage lender after the foundation is in to show where it was placed( called a "Mortgage Survey" or "Mortgage Report").
If a mortgage lender is not involved, for any new structures or additions, you would want a new survey for your own protection.
Be sure to read my Building a House Step by Step.
Carl Heldmann


