Yes, yes, yes! Buyers absolutely should protect themselves by purchasing a survey prior to the purchase of a home. So many buyers, however, in an effort to save money, will refuse a survey. So many buyers, and, quite frankly, uninformed real estate agents, simply do not understand the pitfalls of not obtaining a current survey for themselves or their clients.
There are numerous examples of situations that arise all too often where an owner really needs a survey. Here is just one example:
- Access - Questions can arise as to whether or not the owner has "reasonable", "legal", or any right of access at all! What if the physical access to the property is not within the legal access? What if the driveway to the house is actually on the neighbor's property or in an exclusive right-of-way for the benefit of an unfriendly (and uncooperative) neighbor? What if the physical access is over a private road and no one is sure who, if anyone, is responsible for road maintenance? What if the access is actually located in the adjoining county, but not recorded in said county's registry? Also, what if the buyer needs a search of and title coverage for a critical appurtenant easement?
After a closing is not the time to find out that the new owner has no has no legal access to their new property! If the above defects are uncovered after closing, the owner wil not be covered under their title policy, a mistake that could end up costing the owners thousands of dollars and a lot of heartache!
By obtaining a survey prior to closing, all of the above issues would be uncovered and appropriate measures taken to ensure legal access to the property.
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