Page 13 - Boca Club News - August '19

Boca Club News, Page 13
Legal

Understanding Surveys

By Michael J Posner, Esq., a partner be asked to pay for a two-dimensional drawing of the purchasing/refinancing a home in Florida. The primary
in Ward Damon a mid-sized real boundary of your property, together with the location of all purpose of the Survey is to ensure that all improvements
estate and business-oriented law improvements shown thereon at a cost which can run several located on a subject property are located within the
firm serving all of South Florida, hundred dollars--or even more for very large properties. boundaries of that property. Furthermore, the purpose of
with offices in Palm Beach County. Many people are confused by this expense, arguing that the Survey is to show easements which could interfere with
He is a Board Certified Real Estate since the home has been located in its current position for the improvements located on the property, and to show
Attorney. They can be reached years, if not decades, why do they need to pay someone to encroachments of improvements either over the property
at 561.594.1452 or by e-mail at redraw and locate what are obviously perfectly good homes line onto adjoining property, as well as encroachments from
mjposner@warddamon.com located in their proper position. improvements on neighboring property which encroach into
If you ever purchased a home with a mortgage, or This drawing is called a Boundary or Land Survey, the property being surveyed.
refinanced a home you acquired many years ago, you may and is one of the primary requirements of a lender when Virtually no lender in Florida will make a loan without
Humor a Survey of the property being completed. One of the main
reasons is the requirement that the Lender’s Title Insurance
Policy must have the survey exception deleted, which
These Laughs Are On Me! exception may only be deleted under certain circumstances
(including the requirement for a proper Survey).

Under Florida law, the practice of surveying is limited
to licensed professionals who have met the minimum
By Ron Hirsch of Bocaire. One in Outside a Muffler Shop: “No appointment necessary, we requirements for registration as a surveyor or mapper under
a series of humor columns from a hear you coming.” Florida law. These requirements are set forth in Chapter 472,
collection by the popular Bocaire ***** Land Surveying and Mapping, Florida Statutes.
man who provided the earlier helpful Outside a Hotel: “Help! We need inn-experienced people.” In order to understand Surveys, a person must first
columns in Boca Club News about ***** understand how property legal descriptions are created.
how to take care of one’s home, On a desk in a reception room: “We shoot every third Traditionally, descriptions were created based on the vast
demonstrating the wide range of salesman, and the second one just left.” Surveys of the United States created over two centuries ago.
interests that make Ron so interesting. ***** These north-south and east-west grids created the starting
***** In a Veterinarian’s waiting room: “Be back in 5 minutes, points for locating property and are known as metes and
At a Laundry Shop: “How about we refund your money, Sit! Stay!” bounds descriptions. In order to facilitate development,
send you a new one at no charge, close the store and have ***** the concept of platting was created, which took the metes
the manager shot. Would that be satisfactory?” At the Electric Company: “We would be de-lighted if you and bounds description and divided it into fixed lots which
***** send in your bill. However, if you don’t you will be.” identify a specific property in each subdivision. For example,
On an Electrician’s truck: “Let us remove your shorts.” ***** what was once the North 60 feet of the East 60 feet of the
***** On the door of a Computer Store: “Out for a quick byte.” Southwest Quarter of the Northwest Quarter of Section
In a Nonsmoking area: “If we see smoking, we will ***** 16, Township 23 South, Range 30 East, lying and being in
assume you are on fire and take appropriate action.” In a Restaurant window: “Don’t stand there and be hungry; Palm Beach County became the platted property known
***** come on in and get fed up.” as Lot 1, Happy Acres, recorded in Plat Book 7, Page 9 of
On Maternity Room door: “Push, Push, Push.” ***** the Public Records Beach County, Florida. Alternatively,
***** Inside a Bowling Alley: “Please be quiet; we need to hear condominiums described their legal description of both
At an Optometrist’s office: “If you don’t see what you’re a pin drop.” the common areas and buildings within the Declaration of
looking for you’ve come to the right place.” ***** Condominium itself, creating a legal description by unit
***** In the front yard of a Funeral Home: “Drive carefully; and not by metes and bounds of the underlying land.
On a Taxidermist’s window: “We really know our stuff.” we’ll wait.” There are several instances wherein the Survey expense
***** ***** may be avoided. For example, a condominium does not
In a Podiatrist’s office: “Time wounds all heels.” In a Counselor’s office: “Growing old is mandatory, require a new Survey because the original Survey is included
***** growing wise is optional.” in the recorded Declaration. This is sufficient to allow for
On a Butcher’s window: “Let me meat your needs.” ***** the deletion of the Survey exception in the Lender’s Title
***** Sign on the Psychic’s hotline: “Don’t call us; we’ll call Policy. In addition, if the seller has an existing Survey which
On a fence: “Salesman Welcome, Dog food is expensive.” you.” is certified to that seller, then that Survey may also be used
***** if the seller is willing to execute an affidavit stating that
At a Car Dealership: “The best way to get back on your no new improvements have been installed on the subject
feet is to miss a car payment.” property since the date of that Survey. Finally, a person not
***** financing the purchase of their property (a cash buyer) can
waive the requirement of a Survey, assuming the risk of any
possible Survey defects.
In addition to providing the boundary description of
a property, a licensed Surveyor can provide an Elevation
Certificate, which is used to determine the elevation of
property pursuant to the Federal Floodplain Management
Rules. This Certificate is used to determine whether or not
flood insurance is required or only optional.
While Survey defects are rare, they do occur, and can
include problems such as fences located on other people’s
property, improvements constructed over the property
line or constructed within required setbacks, easements
which grant access rights to third parties that are blocked
by constructed improvements, and even issues relating to
boundary lines and access and ownership to land abutting
water or to a public road. Therefore, the expense of a Survey
is worthwhile and can help avoid these potential future
problems that are unknowable without a proper Survey.
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