The Land Survey and Utah Real Estate

land survey

Do I Need A Land Survey?

A Land Survey is not required on every real estate transaction, but is sometimes necessary and invaluable. A survey marks the lands outer boundaries and a plat map is prepared showing the land boundaries along with a legal description.

When Do I Need One

A survey should be performed anytime the boundaries of the land are not properly marked. This may not be necessary in the city, where each lot is marked by fences but in the rural areas the property lines are often unmarked. The surveyor will mark the property lines with stakes and flags to show these boundaries.

What Does The Survey Do For Me

Marking the property lines can protect you. Many land owners build cabins on their properties. At times they think they know their property lines. Maybe they reviewed a topographical map or were shown the supposed property lines by a neighboring property owner.

If you rely on this information you may build a cabin on the neighbors property. A building of any kind is owned by the individual whose property it is built on. Don’t build your neighbor a free cabin. You would be shocked how often this happens.

Surprisingly this is also common in cities. Garages and sheds are often built on the property line with parts of the structure being on the adjoining property.

Why Not Use My GPS

I am regularly asked by land owners: why can’t I use my GPS to find my property corners? There are many reasons why this is unwise. Below are a few:

1. Your GPS Is Not Accurate

While surveyors do use a GPS system to complete their survey it is much more accurate than your hand held GPS.

2. A Survey Is Based On Section Corners

Surveyors first find a section corner to start the survey. This is necessary as surveys are based on established section corners.

3. All Sections Are Irregular

West of the Mississippi river land is divided into sections which, in theory, are 1 square mile. These sections were established by government surveyors when the land was opened for settlement. At the time, surveyors tools were not as accurate as today. Because of this none of the sections are exactly 1 square mile.
To compensate the surveyor must prorate the measurements of each parcel in the section. The amount its over sized or under sized is pro-rated across all parcels based on established surveying principals.

4. Priority Affects Land Parcels

Because of the above difficulties it is common for property descriptions to overlap or leave gaps between them. These are resolved by the priority of the recorded deeds (the order they were recorded). Without a knowledge of how to search deeds at the county recorders office you will not be able to determine priority.

5. Difficult To Find GPS Coordinates

It is difficult to find the GPS coordinates for your lands corners. These coordinates are not used by title companies and are difficult to find. In fact the coordinates cannot be determined without a professional survey.

These and many other issues are taken into account by professional surveyors as they prepare the survey.

Summary

Although not necessary with every land transaction a land survey is very helpful. The surveyor will create survey plat which is a map of the property showing the measurements and property lines, and containing the legal description. They will also mark the property corners by placing wooden stakes in the ground.

A personal GPS is not adequate to find your property boundaries and corners.

The Real Estate Closing Process

real estate closing process

The Real Estate Closing Process

The Escrow Closing or Real Estate Closing Process is not as complicated as it seems, with a little help anyone can understand and feel comfortable with the process.

The escrow closing process follows certain steps in a certain order, once you understand these steps, the process becomes clear. Several of the steps are part of every closing; others are optional depending on the circumstances.

Real Estate Contract

The Real Estate Closing process begins when you make an offer by signing a purchase contract, and the offer is accepted by the seller. When this step is completed several people get involved in your closing.
The Title Company begins to research the title of the property. An appraiser and surveyor may also start working on your closing. These happen in the background, all preparing for the signing or closing.

Title Commitment Review

After signing the Purchase Contract, the title company will prepare a Title Commitment. The Title Commitment shows any liens, judgments and other problem with the real estate title or ownership.

It is also a commitment to insure the property in your name at closing, subject to any terms contained in the Title Commitment. Review it carefully and call the title company with any questions.

Disclosures Review

Before closing, the seller is required to make disclosures to the buyer. These disclosures vary from state to state but include any leases that may be on the property as well as other things the seller is aware of.

If there are building on the property the disclosures should also include any problems or required repairs on the buildings.

If the disclosures show significant problems you have a certain amount of time to cancel the deal. The exact amount of time you have to cancel is spelled out in the purchase contract.

Appraisal

An appraisal is performed by a licensed appraiser, who uses recent land sales, to estimate the market value of your land.

If you requested an appraisal on the property, you should receive it before signing. If you do order an appraisal, the purchase contract should be conditioned on the property appraising for at least the purchase price. The appraisal is optional.

Land Survey

A Survey is often part of the real estate closing. The Purpose of a real estate survey is to mark the property boundaries, and map them in relation to the surrounding properties.

If there isn’t an existing survey on the property, and the boundaries are not marked, you need a survey.
Surveys are often required when you build a house on the property. If you plan on building in the future, this is good time to get a survey as the seller may pay all or part of the cost.

Property Inspection

The inspection is your last chance to look at the land again before you buy. This is usually scheduled just before signing.

Depending on what you are buying this could be very important. If you are buying land only, it may be less important, but if you are buying land with buildings, equipment, etc., this is the time to make sure everything is in working condition.

Real Estate Escrow Signing

Finally, it’s time to show up at the designated place to sign the Real Estate closing documents. This is sometimes referred to as the Escrow closing, although the entire process is part of the escrow closing. The previous steps may happen without your knowledge, and explains why it takes so long.

You will need to bring the required money to close. The amount should be certified funds (cashier’s check, wire, etc.).

This is the time to review all the papers and have any questions answered. This is your last chance to have any concerns addressed by the seller or realtor. Once you sign the papers the land and any problems are yours.

Document Recording

After signing, and after the money has been cleared, the title company will record the deed, transferring the property into your name.

If you borrowed money to purchase, the mortgage documents will also be recorded. After the recording is completed, you become the official owner.

Possession

Date of possession will be sometime after Recording. It is usually an agreed number of days after the recording, as agreed in the purchase contract.

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