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Land Surveys
"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!”
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. Seller 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. When drawn out by the surveyor, it looks like this.
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This survey is of lot in a subdivision with a proposed house 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 just by 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: 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.
(Good thing the 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 lender after the foundation is in to show where it was placed( called a "Mortgage Survey" or "Mortgage Report"). If a lender is not involved, for any new structures or additions, you would want a new survey for your own protection.
Protection from what you say?
Well, one of the common mistakes that even professional builders make is placing the foundation of a structure (house or addition) in violation of minimum setback requirements from property lines, easements, or “right of ways”.
I hate to say this, but I violated setback requirements twice. (I’m a slow learner)
Now I wouldn’t even think of not using a surveyor to place the house on the lot.
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.
A word to the wise is sufficient
I hope I’ve answered your question.
Carl
