After the Survey

Nothing in real estate has the capacity to spark livelier discussions than surveys. Most REALTORS® have a few good war stories to tell. A relative sent me their survey map this week. Somehow, they closed escrow with a house over 50 ft into the next property! Not a good surprise! The survey provides essential peace of mind to the buyer and important protections for the seller. It’s one of the most important steps in the transaction. Paragraph K2 of
our standard contract is where buyers request a survey.

Survey vs. Staking

A full survey differs from a staking in that it includes a map showing the location of all improvements. The map should indicate the distance of structures relative to the boundary. It does not require that the surveyor provide an opinion as to compliance with local regulations. Most, however, will provide an interpretation based on current requirements. While this is probably a good idea, there are often reasons when narrative reports might be inaccurate.

Current Regulations

Because the surveyor can only comment on current regulations, it’s important to consider that this may differ from those in effect when the improvements (structures) were built. For instance, prior to 1996, there was no rear setback requirement for accessory buildings such as workshops and garages. They could be built all the way to the property line. Other survey reports have noted a driveway apron legally crossing association property as an encroachment. Another interesting situation is where a de minimus structure position discrepancy exists.

Violations

State law allows tolerance for improvements built on or even slightly over a boundary. A surveyor might report these as encroachments or setback violations. Surveyors can only report what they see. Interpreting layers of regulations that change with time and circumstance is difficult. With narrow “spaghetti” lots and small residential lots, setback issues and slight encroachments are common. For setback problems complying with the de minimus guidelines, an application for formal recognition can be made with the County. Incomplete or inaccurate notations on a survey report can really confuse a transaction. When questions arise, the folks at the Planning Department are really the experts. Your agent normally sees the report first. They should be able to advise you when it’s time for a visit to the friendly staff at the County Planning Department. They are really in the best position to completely evaluate all circumstances but remember, a seller who learns of a survey issue is required to make additional disclosures before closing…but that’s a discussion all its own!