Stay Plugged In With Canon
Latest News & Updates

Property surveys are a foundational tool for understanding what you can legally use and possess on a parcel of land. When a survey raises questions rather than confirms clear boundaries, it signals a need for deeper scrutiny. Red flags often appear as discrepancies between the deed description and survey lines, or as notes indicating easements, access rights, or encroachments that parties dispute. Early detection protects buyers from surprise liabilities and helps sellers present a transparent record. A careful reader should compare the survey to the deed, check for inconsistent dimensions, and note any nonconforming uses that could affect future development or resale value.

Beyond obvious boundary lines, surveys may disclose easements that affect how land can be used. Common red flags include rights of way that grant others access across your property, or servitudes that limit where structures can be built. If an easement is not properly documented or is described vaguely, it may be contested later, creating costly legal disputes. Look for terms like “perpetual,” “as necessary,” or “for ingress and egress” and verify their scope with the governing documents. Also watch for implied permissions indicated by long-term, uninterrupted use that could imply an unrecorded interest. These details matter for budgeting and planning.

A key strategy is to perform a line-by-line comparison of the survey against the recorded deed. Subtle differences in metes and bounds can reveal overlooked encroachments or misaligned fences. An encroachment occurs when a neighbor’s improvement crosses a property line, potentially triggering disputes about maintenance, liability, and termination of the encroachment. Similarly, a boundary that shifts due to a historical redraw can suggest gaps in the chain of title. The survey should show how boundaries were established, what monuments were used, and any adjustments over time. Anomalies in measurement, even if small, deserve closer scrutiny and professional validation.

Another red-flag category involves undocumented interests that could imply future claims against the property. For instance, a survey might reference an easement by necessity or by dedication that is not fully captured in public records. Hidden rights can arise from long-ago fence lines, private road agreements, or drainage easements that affect drainage patterns and access. When such items appear, it’s crucial to obtain copies of all referenced instruments and check their dates, parties, and current relevance. Absent such due diligence, a buyer may inherit future litigation costs, or the seller may face post-sale corrections.

A practical red-flag indicator is the presence of encroachments reported by the surveyor but not reflected in the title report. Title insurance relies on a clean chain of title, yet surveys can reveal actual use of space that the title search misses. Examples include a neighbor’s shed or driveway crossing the boundary line or trees and landscaping extending onto your land. These situations may require boundary agreements, relocation of structures, or negotiated settlements. If you detect such encroachments, request a property line relocation or a formal settlement prior to closing to minimize future friction and ensure that your ownership is unambiguous.

Additionally, monitor for non-recorded restrictions that surface during a survey review. Some communities impose private covenants restricting fence height, building footprint, or accessory structures, which may not be captured in a simple zoning check. A survey may indicate a setback or land-use limitation tied to an unrecorded covenant, an HOA rule, or a historical grant. Understanding these constraints upfront helps in planning improvements and avoids costly redesigns after purchase. Engaging a real estate attorney to interpret the implications is a prudent move when such restrictions appear.

Inconsistencies in the witness monuments or benchmarks used during the survey can signal misalignment with the official records. If the survey relies on temporary markers or shows gaps in the monument history, it suggests potential irregularities in how boundaries were established. This is not just a technical concern; it can translate into disputes over who owns, uses, or can access parts of the land. A robust due diligence approach includes verifying monument locations with municipal or county records and requesting a re-survey if any critical markers are questionable. The goal is a precise, defensible boundary that both parties understand.

Another important consideration is the survey’s treatment of improvements and adjoining uses. If the map notes structures, fences, or driveways that straddle property lines, it may indicate shared or disputed ownership. The issue becomes more complex when property lines coincide with utilities or drainage channels that require ongoing maintenance by multiple parties. Confirming the exact location of utilities and the responsibilities attached to them helps prevent future conflicts. Clear, documented agreements about shared improvements significantly reduce the risk of costly post-closing adjustments.

Red flags can also emerge from the absence of expected details. If a survey omits crucial elements like dimensions, bearings, or reference to a surveyor’s certification, it raises questions about completeness and credibility. A complete survey should identify every boundary corner, describe adjacent parcels, and include the legal descriptions of the neighboring properties. Missing information can be a sign that the survey is incomplete or outdated, potentially leading to misinterpretation of boundaries. When confronted with gaps, request a revised, fully certified survey before moving forward with any purchase decisions.

Another caution involves the precision of encumbrance descriptions. Vague or generalized language about easements, such as “as shown on the plat” without precise coordinates, leaves room for dispute. The safest path is to obtain the text of every instrument referenced by the survey, examine the exact rights granted, and verify their duration and termination conditions. If the documents lack clarity, insist on a professional interpretation and possibly a legal opinion. This reduces the risk of unknowingly accepting encumbrances that hinder future use or development.

A proactive approach combines document reviews with physical site inspection. Surveyors can identify encroachments by measuring actual distances against recorded boundaries, but a walk-through of the property often reveals issues that documents miss. Look for fences, walls, or pathways that extend beyond your stated border and verify who maintains them. During negotiations, these discoveries provide leverage to seek contributions toward remedies or to adjust the purchase price. A careful buyer should also check for pending municipal approvals or pending litigations connected to the property that a survey might hint at through unusual references.

Finally, engaging qualified professionals early in the process is essential for clarity and protection. Real estate attorneys can interpret complex survey notes, confirm the enforceability of easements, and guide you toward resolving encroachments. A licensed surveyor can produce a definitive map and explain any ambiguities in lay terms. When red flags surface, prompt action—such as requesting affidavits, updating plats, or negotiating boundary agreements—can prevent later disputes. By combining document scrutiny, on-site verification, and expert counsel, you can establish a secure, marketable title and a clearer path to ownership.