What Is a Survey in Real Estate Law?

The Survey in a Real Estate Transaction

Purchasing a home is a significant financial step. You inspect the foundation, check the roof, and review the home inspection report. But do you know the exact physical boundaries of your new property? This question brings us to an important document in property ownership. Understanding what a survey is in real estate law is fundamental for any potential homeowner. A survey is not just a piece of paper with lines; it is a legal map of your property. It provides a precise depiction of your land and everything on it.

This document gives you clarity and security. It shows the dimensions of the land, the location of buildings, and other important features. Without a survey, you are essentially buying a property with undefined edges. This uncertainty can lead to future disputes with neighbours or issues with municipal bylaws. Having a current survey ensures that the deck the seller built is actually on their property and not encroaching on the neighbour’s land. It is a protective tool that solidifies your investment and provides true peace of mind.

The Blueprint of Your Property

A property survey is a detailed drawing created by a licensed surveyor. It accurately shows the boundaries and dimensions of a piece of land. Think of it as the official blueprint of your property’s exterior. This legal document illustrates the precise location of all structures, such as the house, garage, and any sheds. It also maps out other significant features like fences, driveways, walkways, and swimming pools. The survey shows how these features relate to the property’s boundary lines.

The survey also identifies any rights-of-way or easements on the property. An easement grants another party, like a utility company, the right to access a portion of your land for a specific purpose. It might also show encroachments, which occur when a structure from a neighbouring property crosses your property line. A professional surveyor uses specialized equipment and reviews land title records to prepare the survey. The result is a legally recognized map that confirms the extent of the property you are purchasing.

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The Importance of a Current Survey

A current property survey is a powerful tool for any homebuyer. Its primary role is to protect your investment by revealing potential problems before you finalize the purchase. Without it, you are exposed to risks that could be costly and stressful to resolve later. A survey provides certainty about what you own. It confirms that the size of the lot you were told you are buying is accurate. It also ensures that the beautiful fence enclosing the backyard is actually on your property and not your neighbour’s.

The survey highlights critical legal details. It will identify any encroachments, such as a neighbour’s shed that is partially on your land. It also reveals easements that may restrict how you can use a portion of your property. For instance, a utility easement might prevent you from building a pool in a certain area. Lenders and title insurers often require a current survey to approve a mortgage or issue a title insurance policy. By identifying these issues upfront, a survey allows you to address them with the seller before closing the deal, preventing future legal disputes and financial burdens.

Using an Existing Survey

Sellers will sometimes provide a survey from when they purchased the property. This is often called an “old” or “existing” survey. Using an existing survey is certainly better than having no survey at all. It can offer valuable historical information about the property’s boundaries and the location of structures at the time it was created. It can save you the cost of commissioning a new one, which can be a significant expense. An older survey can be acceptable if the seller provides a declaration confirming that no changes have been made to the property since the survey date.

However, an old survey carries risks. The property may have changed since the survey was done. The seller could have built a new deck, erected a fence, or added a shed. An old survey will not show these additions, meaning you will not know if they comply with local bylaws or encroach on a neighbour’s property. Lenders or title insurance companies may also reject an old survey if it is too dated. A new survey offers complete accuracy and peace of mind. It reflects the current state of the property and protects you from any issues related to changes made over the years.

How Title Insurance and Surveys Work Together

Title insurance is another important tool for protecting your property rights, and it works closely with a property survey. Title insurance is a policy that protects homeowners and lenders from financial loss related to problems with a property’s title. These problems can include things like undisclosed liens, fraud, or errors in public records. Sometimes, a title insurer will accept an old survey or even no survey at all, especially if the property is in a well-established subdivision. This can seem like an easy way to avoid the cost of a new survey.

However, it is crucial to understand the difference in protection. A survey identifies physical problems with the property before you buy it. It tells you exactly where the boundaries are and if there are any encroachments. Title insurance does not fix the physical problem. If you later discover your neighbour’s garage is on your land, your title insurance policy might offer financial compensation for the loss in property value, but it will not move the garage. A survey allows you to demand the seller fix the problem before you close the deal. The best protection comes from using both: a current survey to identify problems and title insurance to protect against any hidden title issues.

Getting Your Property Surveyed

Obtaining a property survey is a straightforward process. The first step is to ask the seller or the seller’s agent if they have an existing survey. If they do, you and your lawyer should review it carefully to see if it is recent enough and accurately reflects the current state of the property. This is the simplest and most cost-effective option. If a valid survey is unavailable, you will need to commission a new one. This involves hiring a provincially licensed land surveyor.

Your real estate agent or lawyer can often recommend qualified professionals. You can also find surveyors through their professional association’s directory. The surveyor will research historical property records and then visit the site to take precise measurements. After completing the fieldwork and research, they will draft the official survey plan. The cost of a new survey varies based on the property’s size, location, and complexity. While it is an added expense, you should view it as an investment. It provides essential protection for what is likely the largest purchase you will ever make, ensuring your ownership is clear and secure for years to come.

Conclusion

A property survey is a fundamental component of a secure real estate transaction. It moves beyond assumptions and provides a legally recognized definition of your property. This document is your best defence against boundary disputes, encroachments, and other spatial issues that can arise during homeownership. It confirms that the property you are buying matches the description in the legal documents. A survey empowers you with knowledge, allowing you to identify and resolve potential problems before they become your own.

While the cost of a new survey can seem like just another closing expense, its value far outweighs the price. It provides the certainty you need to build a fence, plan an addition, or simply enjoy your new home without worrying about where your property ends and your neighbour’s begins. Always discuss the survey with your real estate lawyer to understand its findings and implications. Making an informed decision to obtain a current survey is a wise investment in the long-term enjoyment and value of your home.