are surveys required in new york state prior to closing?

Asked by cantenore, Elmira, NY Wed Jun 27, 2012

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Cease42, Home Buyer, Elmira Heights, NY
Sun Nov 18, 2012
No, they are not required by law.

However, if the property is mortgaged, the lender will want title insurance. Almost all title insurers will ask for a survey to verify that the property and any structures are free from encumbrance or encroachments. The title company will pass the cost of a survey on to the mortgager. Be sure that you are not being charged the price of a new survey if an old one is being "passed" forward. In either case, be sure to get the survey certified in your name and keep a copy of the survey plat for future reference.
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, ,
Mon Jul 30, 2012
Good morning cantenore,

YES, Surveys are required in New York State prior to closing.

In the best of all worlds, your Attorney can request of the Seller's Attorney the Survey the Seller has. If that Survey is legible and can be endorsed to your Lender, many Lenders will accept that Survey. If the Seller purchased the home in the past 10 years or so, chances are very good they have a Survey. (They may not know where it is, but a search through their closing documents when they purchased the home will turn it up)

OR your Attorney's title company may be able to locate a Survey in public records at the County Clerk's office.

If you are successful in either of these two methods, then your title company will charge you a nominal fee (usually around $150) for a Survey Inspection.

If you need a new Survey for any reason, then your Attorney will order one and this must be completed and "read in" to the title report before you can close on your home purchase.

Trevor Curran
NMLS #40140
Mobile: 516-582-9181
Office: 516-829-2900
Fax: 516-829-2944
PowerHouse Solutions, Inc.
185 Great Neck Rd, Suite 240
Great Neck NY 11021
Licensed Mortgage Banker – NYS Dept. of Financial Services
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Nina Harris, Agent, Williston Park, NY
Wed Jun 27, 2012
Yes it is required. Prior to closing, a bank will want to see a survey. It is in your best interest to have have an updated survey. If a part of your property is being encroached upon for a certain period of time and you do nothing to correct it, I believe there is the potential that you will lose your rights to it.
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Anna M Brocco, Agent, Williston Park, NY
Wed Jun 27, 2012
A survey is a form of protection, therefore why not have one done; generally lenders do require the survey. Keep in mind that a survey will reveal the property boundaries, any encroachments, etc.; and it's always a good idea to know what you are buying...
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