Do I Need a Land Survey When Buying a New Home?   by Mark Chastain

Most property related problems share one thing in common, and that is that at least one party did not engage the services of a competent land surveyor. This fact stems from a lack of understanding and an understandable effort of frugality. Many people have their own pre-conceived notion of property lines and fail to recognize the true value of the services of a professional. Others want to feel confident in what they’ve been told and forego the expense of hiring a professional.

The most common problem between neighbors over a property line is that the two will recognize different corners that conflict with each other. In rare instances there may be a valid boundary dispute whereby conflicting title elements or monument descriptions have created a dispute that must be resolved through the court system or by mutual agreement. But in most situations the logical explanation is that someone has recognized the wrong tree or mistook a random piece of flagging tied to a tree as being the property line.

In these economic times it is hard to blame folks for being frugal and putting off any expense that seems avoidable. However, the very short term savings can result in much greater expenses down the road, in much the same way as neglecting your automobile. Situations such as adverse possession, where a neighbor is encroaching onto your property, can ripen into their ownership of the land in as little as 7 years. Purchases of land on a per-acre basis must rely on something for the acreage amount.

Often there is no recourse after closing for a buyer who relied upon an errant survey or deed. Most states have a statute of limitations of around 6 years that bar actions against surveyors for errors. Homes built in the last 15 or so years likely had no requirement for a survey by a lending institution or permit office. Many homebuyers learn after closing that their new home encroaches onto a neighboring lot or at least encroaches into building setback lines. These are all matters that are better found out before the closing.

Land Surveyors are licensed by states which require varying levels of formal education and qualified experience, followed by days of intense examinations. Just like other professionals such as doctors and attorneys, not all are alike. Some seem better or worse than others. It is well worth the time of anyone who is purchasing or planning to develop or keep property to consider engaging the services of a professional land surveyor.