The Residential Survey and Your Home
One of the many important documents you should have received at the closing of your single family residence is a survey. There are basically three types of surveys; a mortgage survey, ALTA survey, and a boundary survey. Most residential closings involve a boundary survey and this will be the subject of our article.
Normally the real estate contract between the Buyer and Seller requires the Seller to provide the Buyer with boundary survey dated not more than 6 months prior to closing. Your real estate is conveyed by a Deed and this Deed will have the legal description of the real estate conveyed. This legal description of the real estate you are purchasing or selling is what the surveyor will show on the survey.
A boundary survey should be prepared by an Illinois professional land surveyor and will provide the recipient with the surveyor’s professional opinion as to the location of the boundary lines of the land and will normally disclose all visible evidence of the improvements located on the land. The survey should also disclose the real estate’s visible evidence of improvements, rights of way, easements or even its use, if requested. In addition to disclosing items affecting the real estate, the survey (along with an ALTA statement) will allow the Buyer to receive “extended” title coverage over some general exceptions providing the Buyer additional title coverage for their real estate.
A client should not be closing and taking title to property without having their legal representative reviewing and approving the property survey. This review and approval should be done prior to the closing so any issues may be resolved timely. The real estate client should receive the necessary protections from any encroachments or building line violations and understand how they may affect their home.
