Why buyers need a Land Survey when purchasing property

Surveys should be part of almost every real estate transaction, except possibly for certain transactions involving the sale of a condominium. The contract for sale of real estate can be drafted to give the Buyer a limited period of time to both obtain the survey and to put the Seller on written notice of any survey defects. The cost of the survey may be paid by the buyer, but could be a contingency of the offer to purchase and provided by the seller.  A survey map depicts the shape and size of the lot and all improvements located on the lot. It should also show all setbacks, easements, and other matters observed by the surveyor. The survey map will include a legal description of the property surveyed and must include the surveyor’s certificate, signature and seal, and be in compliance with the Minimum Standards for Property Surveys in Wisconsin.  Once a survey is performed the title insurance policy will include “Survey Coverage.”  Survey coverage is provided by deleting or modifying the standard survey exceptions in the title policy.
The standard “survey exceptions” in a  title policy are as follows:

  • Encroachments, overlaps, boundary disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises.  
  • Rights or claims of parties in possession not shown by the public records.
  • Easements or claims of easements not shown by the public records. 
      In order for the title company to delete the standard exceptions, there must be a careful review of the survey map. The title company should raise specific exceptions to individual survey defects and all parties to the transaction should be put on written notice of such defects within the time frame authorized in the contract. It is imperative that the title company provide to the surveyor a copy of the title commitment so that the surveyor will be aware of such matters as easements and deed restriction setbacks. It is not the job of the surveyor to search the public records to determine matters of public record affecting title to the subject property.

      Prior survey maps can be utilized for the current real estate transaction in certain circumstances. In order for the title company to rely on the prior survey map for purposes of deleting the standard exceptions (thereby saving the buyer the cost of a new survey), the seller must provide an Affidavit to the title company confirming that:
  They have reviewed a copy of the survey map of the property.

  • Since the date of the survey map, there have been no improvements or fences erected on any adjacent property.
  •   They are the owners of the property.
  •   Since the date of the survey map, there have been no additional improvements        constructed on the property and there have been no modifications or additions to the improvements shown on the survey map.

      There are limitations on the use of prior survey maps including those meeting the above requirements, i.e. the survey map is too old, the buyer’s lenders require a new survey, etc.

      In summary, the Buyer needs a survey map of the property being purchased in order to be protected. The Buyer’s REALTOR® or agent should always encourage the Buyer to make sure that one is being obtained (a new survey or a prior survey map that can be utilized for the transaction). The title company should be carefully skilled at reviewing the survey map. The closing process is a team effort and only skilled professionals should be employed for the best results.


Authored  by: James R. Beaty RLS PLS Broker
                        Horizon Land Development Services
                        1-262-349-1575