Do we really need a survey in Red Feather Lakes?

In Colorado, the buyer can choose if they want to get a survey -  most often for residential properties, it might only be an Improvement Location Certificate (ILC), but you can choose to get a different kind of survey, too.

There’s a paragraph in the Colorado Real Estate contract that addresses the survey/ILC. It’s at this point, when writing up their offer, that buyers often look at me and say, “Do we really need a survey, Mary?”

Well, call me silly, but I think it’s a good thing to know that your cabin/home is actually on the property that you are buying, in the Village of Red Feather, particularly.  (2) It’s good to know that the road is really at your property line and there’s not a parcel in between that would prevent you from crossing trespassing on someone else’s land to get to your land…  and (3) it’s a good idea to be sure that no one else is encroaching onto the property you want to buy to avoid any future claims of adverse possession.  These are just a few things to consider.

Maybe you found every survey marker on the ground, and you decide that you are OK  without a survey.   Maybe the seller already has a survey, often they do, we can ask.    It’s ultimately your decision***, as the buyer, whether or not to order/ ask the seller to pay for a survey or an ILC.

***In areas where the Title Company is aware of boundary issues they may require a survey in order to provide additional insurance to you and your lender,  this is usually the case in the Village. Most primary lenders require survey protection.   In some subdivisions, a Title Company will extend survey protection without a survey or an ILC, but you may opt to get one anyway.

We can’t rely on the seller to just show us the property lines either.  After the surveyor located and flagged all the corners/boundaries of a property recently, the sellers were very surprised, because they  thought their property only went “to the tree”.  That’s probably what they were told when they purchased it 16 years ago, but in fact, the lot extended well beyond that tree and it was a beautiful lot, too!

Many years ago, when I was still working at a title company, a seller represented that his property went “to the fence” - unfortunately the legal description of the property did not…

So, if you ask me if you “really need a survey in Red Feather Lakes” or anywhere else, I’m always going to give you the long answer so that you will have enough information to make your decision.  I can’t tell you what to do and the Colorado Bar Association says I can’t give you legal advice.  Know that the Title Company may require it and in the big scheme of things, it’s a small cost to pay in order to get the additional title insurance coverage or that extra “surprise” area of land and a little peace of mind.

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“A Day in the Mountains will always soothe your city soul”

Mary Douglas, your Mountain Broker-Associate and REALTOR®

United Country Ponderosa Realty, Red Feather Lakes, CO

 www.marydouglas-redfeatherlakes.net

800-531-2195

I specialize in the Red Feather Lakes area, Fox Acres, Crystal Lakes and Glacier View Meadows Subdivisions, if you are interested in buying or selling your mountain home, please give me a call, I’m here to help you.

The information contained in Mary’s blog is deemed reliable but is not guaranteed and the opinions and views expressed in these articles are solely those of the author.

I write about my area in Colorado; Law, Custom & Procedure vary from State to State and even within the State.

REAL ESTATE IS LOCAL.  Always consult with your LOCAL Real Estate Professional.