Okay, you finally found your dream home. The sales contract is being negotiated and the seller offers to give you an existing survey. In an attempt to make things go smoothly, you think about accepting the seller’s offer to use their survey. However, are you clear on the purpose of the survey, and the decision to choose an existing one over having a new one prepared?
The survey is a very important document in regards to your future ownership of the home. It is a legal description of the property you are putting your money and your life into for years to come. It shows the location of the property boundaries, easements, encroachments, fences, and building setback lines. It also includes any improvements that have been made to the property. All of this is done through the use of a plat or map.
Typically, the survey is ordered by the title company. Sometimes, even if the buyer agrees to use an existing survey, the title company will review it and decide they want a new one. The decision to have a new one ordered might create tension between the buyer and the seller, especially if it was agreed that the seller would have to pay for new one. However, in the long run, a few hundred dollars to have a new survey will be much cheaper than the liability that might arise from using an existing one.
I recently had a buyer who thought about using an existing survey. After careful consideration, he made the wise decision to have a new one ordered. It was discovered that the neighbor next door had a fence built that encroached on my buyer’s part of the land by several inches. If my buyer had not purchased a new survey and addressed the issue now, this encroachment could cause a problem down the road if the buyer decides to sell his home.
In Texas, if an existing survey is used, sellers will sign a form called a T-47 Affidavit. The affidavit states that there have been no changes or additions to the property or the structures. If there have been, the changes have to be drawn onto the survey. This form must be notarized. By signing this affidavit, the seller may be responsible for any problems that might arise if discrepancies are found.
According to the Texas Society of Professional Surveyors, a survey that is transferred and/or older than 10 years is no longer warranted by the surveyor. In addition, careful consideration must be taken when making photocopies of surveys. Some surveys have been copyrighted, so duplication would be an infringement.
The Texas Society of Professional Surveyors has an excellent question and answer section on their website for consumers. You can find them at www.tsps.org.
Buying a home should be a rewarding experience. Educating yourself on the necessary steps involved in protecting your investment in your home will make your home buying endeavor a happy one.
