What a Land Survey Does (and Does Not) Tell You About a Property

Land surveys are the starting point of most real estate due diligence, providing information about the characteristics of a property and its relationship with neighboring properties.

Surveys are also misunderstood: buyers and even professionals sometimes think a survey will answer every question about a particular property. It doesn’t.

An understanding of what a survey does and does not do can help clarify what to expect and avoid surprises in the future.

A land survey is a professional depiction of the property on the ground based on historical records and field research.

The survey can show any of the following:

• The location of property boundaries as determined from the records and field evidence

• The location of buildings, fences, driveways, and other visible improvements

• Apparent encroachments or overlaps with neighboring properties

• Recorded easements or rights-of-way affecting the property

• Access to and physical relationship to adjacent and nearby properties
  
  

In short, a survey helps answer the question:

“How does this property physically sit on the land, and how does it relate to what’s around it?”

That information helps lenders, title companies, buyers, and sellers understand the risk associated with location, access, and boundaries.

Equally important is what a survey is not designed to confirm or disconfirm.

A land survey does not generally determine:

Zoning or Land Use Compliance - Surveys do not determine whether a property conforms to local zoning ordinances, use restrictions, or setback requirements, except to the extent that these are shown in recorded documents.

Building Code or Permit Compliance -  A survey does not guarantee that any buildings were built with proper permitting or up to code.

HOA Rules or Restrictions - Homeowner association rules, covenants, or restrictions, if any, are not interpreted, even if the property lies within an HOA community.

Title Defects or Ownership Issues - Surveys are usually limited to recorded easements and documents from the client, but do not resolve defects, ownership disputes, or legal claims handled by title examination and insurance.

Future Changes or Hidden Conditions - This survey reflects the condition at the time of the survey and is not predictive of future development of the subject or adjacent properties, or of subsurface conditions.

Problems arise when surveys are used to answer questions for which they were not intended.

For example:

• The buyer may assume that a survey will confirm zoning, but it does not.

• An owner may believe that a survey will ensure against encroachments when they haven't looked at the insurance requirements.

• Even simple-looking properties on the survey may have restrictions based on homeowner association or other local government rules.

However, these surveys are only one part of the due diligence process and do not replace it.

Real estate transactions require a collection of forms of verification to achieve closure:

• Surveys clarify physical conditions and boundaries

• Title searches and policies address ownership and insurability

• Community obligations defined in HOA documents, estoppels

• Permits, zoning reviews, and inspections address regulatory issues

The Takeaway

When understood as complementary, this transaction is much more predictable and defensible than otherwise.

However, a land survey shows the parcel's location and how it relates to other parcels, but it does not necessarily resolve legal, regulatory, or financial concerns for that ownership.

It helps buyers, sellers, and professionals know how to use a survey appropriately, what to ask about, and what not to use it for when making decisions about a property.