For example, many years ago, my father's friend in Taiwan bought a land in FL that he never visit and only see the nice picture with Disney World nearby as claimed ...etc, and that legal paper sold him "something does NOT exist".
Lawyer is professional, just like doctor, they perform 100% fact, so a "current survey" by licensed surveyer is all the will believe. The seller may "forget" something change after they bought the property. e.g. My friend bought a house and later remove the swimming pool, and the buyer's banker in the office, never visit the property, how do they know if there is still a swimming pool or not?
So, in general, when you involved multiple parties, paper works is very important. House is not like a car that it is much easier to sell something either not exist or much lesser value than described. (even car is possible, like after sign the title, some bad sellers, often mechenics, would replace cheap tire with the luxury or stereo system with cheaper ones ...etc) This is also possible with buying a house.
I know many cases that before closing, the seller removes many fixtures (often builder professionals or construction contrators), and that often happen in For Sale By Owner case where there is no third party, such as realtor to prove. So last minute walk thru before closing is very important.
The Title search is a more "logical" than "physical" check. e.g. one seller could have sold the same house to "multiple" buyers... How do you know? It happens a lot in PA where legal checking is not very tight.
Your lawyer has no intention of asking the seller to give you a copy of their's? Even if he does ask, you would still want a current survey of the property done for your own protection. Either way your lawyer should be ordering the title search and survey. The surveyor will draw a map that shows the property limits as well as where the house, garage, and other features, like boundary fences or walls, driveways and sheds are located. It also reveals easements such as power poles drainage ditches, sewer manholes, etc. This information is especially important if you or a neighboring property owner decides to put an addition on the house, put in a pool, etc. It can cost a lot more money in the longrun should you add an improvement and then realize you are over the property line. I know some buyers request that the property survey stakes be left in and that will cost you more money per stake. I don't know if that stakes left are really that necessary unless you actually need to see where the property lines end.
Gina Chirico, Sales Associate/Realtor
Prudential NJ Properties
973-239-7700 ext 132
If you need a new survey done on your property, contact Stephanie or Joe at Lakeland Surveying, Inc. http://www.lakelandsurveying.com ph# 973-625-5670
Ask your Realtor to ask the seller's Realtor to provide you with one the seller has to update (as well as a legal description of the property from which the survey is drawn). That might make it cheaper. If it is new enough the prior survey company may be able to certify a prior survey to the new buyer and their mortgage/title co.
The mortgage company will require that the survey clause exception be removed from the title. The title company won't do that without an acceptable survey.
You may also need an original survey (with raised seal) if you do exterior work at the property. Ex: driveway, garage, addition...all require permits and to ensure proper setbacks the construction office may require you to provide them with a proper survey.
Check with your mortgage company and title company first to see if they need a new survey. They may not require one or may accept an older one with an affidavit of no change - seller's stating no changes have been made since the survey was done.
I am not sure why your lawyer has no intention of asking for one? That is not a good thing. You can always ask your realtor to ask the other agent to get a copy from the seller's.
I do recommend that you have one and if you can get a new one done so that you know for sure where your property lines are and if there are any encroachments or other things you may need to know about.
Angela "Angie" Allchin
Century 21 Rauh & Johns
856-582-0366 x 172
A survey is required only if your mortgage and title company says so. For your own benefit you will want to know where your property lines are as well as be sure there are no encroachments on your property to be. The surveu shows on paper as well as literally on the property the meets and bounds of the property's boundaries