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Survey Says!

By
Real Estate Agent with Jameson Sotheby's International Realty

At a recent closing, of a townhouse, we (the buyers and I) had a question about which parking space belonged to us, and exactly where it was located.

When we arrived at the closing we were anxiously going over the survey, and it answered our question about the parking right away.  It was not only what we thought, but also included an extra space that we didn't realize we had, that was deeded to our unit (unit 2).

Needless to say, my clients were very happy about that.  As we were sitting around the closing table, the survey was passing from hand to hand, while we were waiting for funding, and my client, who has a degree in architecture noted... "the survey isn't of our unit".  You could have heard a pin drop.

Instantly, the attorney was re-inspecting the survey... (yes, he'd already looked at it... but in fairness... he'd never been to the site, so had no idea if it was the right unit or not) I pulled out my copy, and sure enough... the survey was of the wrong unit.  It was unit 1, which was an end unit... our unit was unit 2.  Uh oh.  So, does that mean that unit 1 owns the two spaces INCLUDING ours?  That would not be a good result.

So, we start reading legal description...

The worst things I'd ever encountered, regarding a survey, at a closing, had been an unknown easement... sometimes an abandoned easement... and, of course, the occasional fence or sidewalk encroachment.  But I'd never come across a survey of the wrong property.  Surveyors are usually such persnickety people, and they take such careful measurements.  But whoops, this one had surveyed the wrong building.

In this case, it turned out the legal description was correct.  The parking was correct (Phew!)... the only thing wrong was the drawing of the property.  We jumped through some hoops... got our hands on the old survey which showed the correct drawing... the sellers "certified" that there had been no change since, and the title company underwrote (or overwrote) the old survey, contingent on a new drawing arriving withing 10 days.

I've gotten a little complacent, and have been just "glancing" at surveys... but you can bet your bottom dollar that I'll be paying a little more attention to the next survey!!  You betcha.

Dodged a drawing there!

- 10

Posted by

 ALAN MAY, Realtor®   
Specializing in Evanston Real Estate and North Shore Real Estate

Jameson Sotheby's International Realty, 2934 Central Street, Evanston, IL 60201
Office: 847.869.7300      Cell: 847.924.3313      Email: Almay@aol.com

Evanston Real Estate & North Shore Real Estate
Licensed in Illinois

   

Comments(53)

Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566
Wow, there are not many condos here but the inclusion of the parking spaces is interesting. The wrong survey means I will be watching more closely when I do see one for a condo! Good tip!
Apr 26, 2012 08:09 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Alan.  That could have ended badly.  Glad it turned out the way you thought it would.

Apr 26, 2012 08:17 PM
Richard and Jean Murphy
Harborview Properties - Portland, ME
(207) 712-4796

Great story. Amazing how new situations continue to pop up no matter how long one does this business. Part of the fun, I guess.

Apr 26, 2012 08:53 PM
Kathryn Maguire
GreatNorfolkHomes.com (757) 560-0881 - Chesapeake, VA
Serving Chesapeake, Norfolk, VA Beach

I can just imagine the looks on everyone's faces after you heard that it was not the correct unit.  Yikes!

 

Apr 26, 2012 09:28 PM
LaNita Cates
REMAX of Joliet - Joliet, IL

OMGosh! I can imagine everyone's heart stopping for a split second! I've had "uh oh" moments at closings with surveys but this one of the wrong unit? ouch!

Apr 26, 2012 10:34 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Donna - the attorneys had a chance to see the survey a couple days early... but again, since they'd never been to the townhome, they had no idea if it was the first, second, third or fourth.  How would they?  The address was right, and the legal description was right.

Marie - ain't it the trooth?

Cindy - why thank you.

Mike - it could have gone the other way, rather easily.

Chuck - it easily could have.

Ed - so much for that.

Joan - they're standard with every closing here.

Tammie - I'm sure the "surveyors lobby" would be worried, hearing that.

Carla - if you get a plat, as part of your "trio"... then you DO get a survey... that's what the plat is.. a plat of survey.

Sharon - we (the buyers, sellers and Realtors) rarely see it 'till the closing either.  I don't know why they don't get it to use sooner.

Kathy - now that sounds weird.

Joni - three inches can be a big deal.

Susan - every attorney, worth his/her salt, checks out the legal description very carefully... but the survey drawing... they rarely recognize the building.... they're just looking for encroachments.

Donald - I think, so, too.

Athina - you're right about that.

Wayne - here we close at a title company with TWO attorneys and a title representative.

Liz - the alternative might have been ugly.

Kevin - a serious reminder.

Cheryl - this is a townhouse.

Conrad - me, too.

Richard and Jean - I learn something new every single day.

Valerie - just a few.

Kathryn - there were a few confused looks.

LaNita - it was a good "uh-oh" moment, or three.

Apr 26, 2012 10:35 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Alan, this could have been a big mess. Glad it worked out for your clients.

Apr 26, 2012 11:00 PM
Chris Hardy
Elevations Real Estate, LLC www.BuyFortCollinsHomes.com - Fort Collins, CO
Northern Colorado Real Estate

Great story and wonderful reminders of what our jobs include!  Last year, there were a couple of agents who sold a condo, let's call it unit 2.  They closed on it and the "new owner" started remodeling it only to find the "actual owner" of unit 2 didn't care for what they were doing.  The listing brokers had never double checked their records and were found at fault - YIKES!  Can't imagine what that E&O settlement cost!!

 

Apr 26, 2012 11:45 PM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Don't you hate that moment when your client notices something we missed? I hate that!!! 

Apr 27, 2012 12:53 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Until the deal closes, breaths can be held in when last minute things come up. I have also been caught short a few times and I prefer egg on my plate and not on my face...but I have worn a few...whew! good post thank you Alan

Apr 27, 2012 01:01 AM
Cheryl Thomson REALTOR Ret Army
United Real Estate DC Metro Region (703.216.5635) cheryltee47@gmail.com - Prince William, VA
Associate Broker in Northern Virginia

This is a great reminder, that everything needs to be looked at and checked.

Apr 27, 2012 01:50 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

Whoa!  What a great lesson for all of us. 

I had a somewhat similar case many years ago... The survey revealed that the garage with the property address above it was not deeded to the condo; another nearby garage was deeded to the condo.  It turned out the two property owners had traded garages because the garages they occupied were more convenient for both than the ones they owned.  We had to correct this issue before closing, which involved the other condo occupants moving everything out of the garage being conveyed with the condo.

Apr 27, 2012 02:19 AM
Judith Sinnard
SMARTePLANS; Houston, Texas - Houston, TX
The SMARTePLAN Lady

Alan, had the sale transacted with the "wrong" paperwork as described, what would it have taken to "fix it".  WHO is the person that would have the responsibility to fix it (in your area of the country)? 

Apr 27, 2012 07:32 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Michael - it sure could have.

Chris - now THAT's an ugly pickle!

Karen - I did feel a bit red-faced.

Richie - agreed... much better on the plate than on the face.

Cheryl - why thank you ma'am.

Margaret - parking spaces trade hands fairly frequently.  we need to document and keep track.

Judith - as it turns out, it wouldn't have caused any problem... it was merely the "drawing" that was wrong.

Apr 27, 2012 10:26 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Alan - We don't have surveys done here as part of our purchase.  I can't imagine how little fun this was.

Apr 27, 2012 11:57 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Thanks for the great story Alan, a good reminder to always check everything, even the stuff others prepared.

Apr 27, 2012 04:03 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Christine - oh, I think you can imagine.

Bob - I do what I can.

Apr 28, 2012 12:41 AM
Tim Bradley
Contour Investment Properties - Jackson Hole, WY
Commercial Real Estate Expert in Jackson Hole, WY

I sold a warehouse recently that encroached onto a strip of land behind the property. We couldn't find an owner of the strip of land...it appeared to be a strange strip that didn't belong to anyone. Buyer finally closed anyway, as the bank agreed they would make the loan. Buyer is now in the process of obtaining title via a quiet title action through the courts. That was a strange one...

Apr 28, 2012 03:21 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Something like this happening at the closing table will definitely make your heart jump up in your throat.  I think we all get a bit complacent at times, but in the end, it's good to know it worked out.

Apr 28, 2012 09:03 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Tim - as long as the title company was willing to overwrite the anomoly, it then becomes their issue.

Chris Ann - it does catch in your throat a bit.

Apr 29, 2012 12:43 AM