Secondary market
Key steps for buyers to confirm legal descriptions and plats match physical boundaries during resale property due diligence.
In resale investigations, buyers should methodically verify that the legal description and surveyed plats align with the actual property boundaries, ensuring ownership clarity and preventing future disputes through precise due diligence practices.
Published by
Gregory Ward
July 31, 2025 - 3 min Read
When approaching a resale property, the starting point is to obtain the official legal description in the deed and the most recent plat. A clear legal description uses specific metes and bounds or lot, block, and subdivision references, which must correspond to the parcel depicted on the survey. Review any recent amendments, easements, or encumbrances that could alter boundaries or rights of way. It is wise to compare the description to the county or city GIS records for consistency, noting any discrepancies that require clarification. Document which documents agree and which raise questions, and plan to consult with a title attorney if inconsistencies surface during preliminary review.
Next, secure a current survey or a boundary survey if one exists, and arrange for a fresh survey if necessary. The objective is to verify that boundary lines on the ground match the legal description and plat. Look for encroachments, fence placement, and improvements that could intrude on neighboring parcels or reveal shared boundaries. Confirm setbacks, easements, and right-of-way lanes are properly represented on the map and that any private or public restrictions are accurately reflected. A careful comparison between surveyed lines and recorded descriptions reduces risk of enforcement issues after closing and supports a solid title plan.
Verify plats, descriptions, and encumbrances against physical evidence.
Begin by mapping all critical points from the deed to landmarks on the property, such as street corners, curb cuts, or property corners marked by pins or monuments. Note any deviations in measurement units, such as feet versus decimals of a foot, which can alter the boundary by small margins but have big consequences in a contested dispute. Identify any overlapping or missing lines between the plat and the deed, and then investigate why those differences exist—perhaps a reconstruction, an old easement, or an error that crept into recording. A methodical audit helps buyers understand exactly what they are purchasing and where ownership resides.
The next phase involves validating encumbrances, easements, and covenants that can influence boundary usage. Ensure that any shared driveways, access restrictions, or utility corridors are properly mapped on the plat and that their terms are consistent across instruments. Investigate whether any recorded encroachments have been legally addressed or mitigated, such as by a boundary agreement or quitclaim, and verify that surveys show these areas correctly. Addressing these issues early protects the buyer from later disputes and potential liabilities that would affect property value and enjoyment.
Integrate professional findings with market realities and risk.
Engage a licensed land surveyor to produce or review a survey that aligns with the latest title work. The survey should identify all corners, measurement errors, and any corrections since the last update. Cross-check the plat’s lot dimensions with the deed’s legal description to ensure there is no drift in lines that could indicate property line shifts or misplacements. If discrepancies appear, request explanation from the seller or the lender’s title team and seek amendments or endorsements to the title policy. The aim is to arrive at a single, coherent map of the property that satisfies both the record and the earth.
In parallel, obtain the title commitment and search, focusing on exceptions that affect boundaries. Review off-record items, such as unrecorded easements or building restrictions, that could impose limits on use or future development. Compare the commitment’s defined parcel to the surveyed boundaries and to the plat, noting any variances and the rights granted by adjacent owners. If necessary, negotiate with the seller to cure defects before closing, or budget for post-closing adjustments that reflect discovered inconsistencies. A thorough title review paired with a meticulous survey minimizes post-purchase friction.
Build a defensible decision framework around the findings.
Consider the property's history of boundary disputes or land records anomalies in the neighborhood. Look for patterns in similar properties where boundary questions arose during resale, and assess whether those cases were resolved through improved surveys, corrected plat maps, or boundary line adjustments. This broader lens helps buyers anticipate potential costs and timelines. Discuss findings with real estate professionals who understand local practices and who can translate technical details into practical implications for purchase price, financing, and insurance coverage.
Finally, synthesize all gathered data into a clear, actionable due diligence report. Include a side-by-side comparison of the deed description, plat depiction, and survey results, with notes on any discrepancies and recommended remedies. Attach copies of all source documents, including plats, deeds, easements, and title commitments. Outline a contingency plan for closing, such as requiring seller concessions, title endorsements, or a boundary adjustment before transfer of ownership. A comprehensive report empowers buyers to make informed decisions with confidence.
Conclude with a practical, buyer-centered action plan.
As you interpret the information, prioritize items by impact on use and value. Boundary issues that affect access, buildable area, or legal rights-of-way carry higher urgency for resolution than minor clerical inconsistencies. Create a risk matrix that maps each item to potential costs, likelihood of dispute, and recommended course of action. This framework helps you negotiate effectively, allocate resources wisely, and avoid overreacting to harmless variances. A structured approach also facilitates transparent communication with lenders, inspectors, and attorneys throughout the transaction.
When communicating results to the seller or their agent, present objective, well-documented findings rather than opinions. Use visual aids such as marked maps, annotated excerpts from the title commitment, and redlines on the plat to illustrate issues. Propose concrete remedies—tuition on who bears costs, timelines for cure, and the exact documents required for closing. Demonstrating control over the information reassures all parties that due diligence is being conducted with rigor and integrity, which can accelerate negotiations and reduce back-and-forth.
Prepare a closing checklist that explicitly ties each boundary item to a remedy, due dates, and responsible parties. Include a backstop plan in case a cure cannot be completed before closing, such as a holdback or post-closing escrow to address any unresolved boundary issues. This practical blueprint aligns expectations, protects the buyer’s interests, and maintains momentum toward closing. Remember that the most robust due diligence combines documentary clarity with field verification, ensuring the property is precisely what the purchase agreement indicates.
In the end, successful resale property due diligence hinges on disciplined verification of description, plat, and boundary realities. By engaging qualified professionals, systematically reconciling records with on-the-ground evidence, and documenting every finding, buyers can secure a defensible title and a peaceful ownership experience. The process may be detailed, but it pays dividends by eliminating ambiguity, supporting confident financing decisions, and reducing the likelihood of costly boundary disputes after ownership transfers.
