Do You Need a Property Survey When Buying a Home in Georgia?

One question I hear from home buyers fairly often is:

“Do I really need to get a survey?”

For years, my answer has been that a survey is a smart investment. After seeing firsthand what can happen when property lines, recorded plats and physical improvements do not match, my recommendation has become much stronger:

If you are buying a detached home with land in Georgia, I strongly recommend considering a current survey before closing.

A survey is one of those expenses buyers may be tempted to skip, especially after paying for inspections, appraisals, lender fees and other closing costs. But compared with the cost of resolving a serious property-line dispute after closing, it can be money very well spent.

What Does a Property Survey Tell You?

A title search and a property survey serve two very different purposes.

The title examination reviews the public records to identify matters such as ownership, liens, recorded easements and other recorded title issues.

A survey examines the actual property on the ground. It can show where the property’s boundaries are located and how the home’s improvements relate to those boundaries.

Depending on the type of survey ordered, it may identify issues involving:

• Fences that cross property lines
• Driveways extending onto a neighboring property
• Retaining walls or other improvements located outside the property boundary
• Structures located within setback areas
• Encroachments involving neighboring structures
• Easements affecting the property
• Discrepancies between recorded information and conditions on the ground
• Pools, sheds, detached garages or other improvements located too close to property lines

Those are exactly the types of issues that can be difficult and expensive to discover after you already own the home.

A Georgia closing attorney explains the distinction well: a title examination examines the records, while a survey examines the land itself. A clean title examination does not necessarily mean there are no boundary or encroachment issues.

A Real-Life Property Line Problem

Several years ago, I was contacted by a homeowner who was preparing for a major backyard landscaping project.

The landscaper required a survey, so the homeowners ordered one.

That is when things got complicated.

The surveyor discovered conflicting information involving the property and neighboring lots. One version of the property lines reflected what the homeowners and neighbors believed the boundaries to be. Another showed something very different.

Under the conflicting boundaries, a neighbor’s fence appeared to be on the homeowner’s property, while portions of the homeowner’s driveway and hardscape appeared to extend onto another neighbor’s property.

Naturally, the big question became:

Which property lines were correct?

The issue appeared to go all the way back to the original development of the neighborhood.

The subdivision plans had apparently been revised during construction, but paperwork associated with some of the original property transfers referenced an earlier plat. That discrepancy then followed the property through subsequent sales.

Multiple owners had bought and sold the home without discovering the problem.

It wasn’t uncovered during any of the previous four sales.

It wasn’t obvious from looking at the yard.

It surfaced when someone finally ordered a new survey.

And It Wasn’t the Only Time I Saw It

Not long afterward, I encountered two other situations involving plat or boundary questions.

In one, a homeowner in a newer neighborhood discovered a property-line issue when a builder attempted to remove a tree the homeowner believed was located on their property.

In another, while researching a property before a listing appointment, I found references to different subdivision plats after the developer had revised the original layout.

Fortunately, that homeowner’s property documents referenced the later plat, and there was no apparent issue.

Three situations involving essentially the same concern changed the way I looked at surveys.

They may not uncover a problem on most properties.

But you are not ordering a survey because you expect a problem.

You are ordering it because you want to know what you are actually buying before you own it.

Does Georgia Require a Survey When You Buy a Home?

Not necessarily.

A survey is not automatically required for every Georgia residential purchase, although a lender, closing attorney, title insurer or circumstances surrounding a particular property may require or strongly recommend one.

That distinction is important.

The fact that no one requires a survey does not mean there is no benefit to having one.

In fact, a survey can reveal physical property issues that simply cannot be identified through a traditional search of the public title records. Georgia real estate attorneys regularly recommend current surveys for residential purchases for exactly that reason.

What About Title Insurance?

This is another important point that buyers sometimes misunderstand.

Do not assume that owner’s title insurance makes a survey unnecessary.

Title insurance and surveys protect against different risks.

Many standard title insurance policies contain an exception for discrepancies, boundary conflicts, encroachments or other matters that an accurate survey would have disclosed. The exact coverage depends on the policy, endorsements and circumstances of the transaction.

Depending on the transaction and title insurer, obtaining a current survey may also allow the closing attorney or title underwriter to address certain survey exceptions or provide additional coverage.

This is something buyers should discuss directly with their Georgia closing attorney and title insurance provider before closing, because coverage varies by policy.

When Is a Survey Especially Important?

Although I believe a survey deserves consideration with most detached-home purchases, there are situations where I would be particularly reluctant to skip one.

For example, I would strongly consider a current survey when purchasing a property with:

• A swimming pool
• Fences
• A long or shared driveway
• Retaining walls
• Detached garages or other outbuildings
• Significant acreage
• Unusual-shaped lots
• Older subdivision plats
• New construction
• Recent additions or exterior improvements
• Property adjacent to streams, lakes or other waterways
• Visible improvements located close to the apparent property line
• Questions about easements or access
• Any uncertainty whatsoever about where the property lines are located

New construction deserves special attention. Buyers sometimes assume that because a home is brand new, property boundaries must be correct. But construction mistakes, setback issues and plat discrepancies can occur in new developments too.

A survey tells you where the house, driveway, fences and other improvements were actually built, not simply where the plans say they were supposed to be built.

Order the Survey Early

Timing matters.

If you decide to have a survey performed, don’t wait until the day before closing to order it.

Ideally, I want my buyers to discuss the survey with the closing attorney and get it ordered as early in the transaction as practical.

Why?

Because discovering a problem before closing gives the buyer and the closing attorney an opportunity to investigate it and determine what needs to happen next.

Depending on the circumstances, that might involve correcting a legal description, obtaining an easement, addressing an encroachment, negotiating with the seller or determining whether another legal solution is appropriate.

Discovering the same problem two years after closing can be a very different experience.

Current guidance from Georgia closing attorneys likewise recommends ordering surveys early enough to allow the survey and any resulting issues to be reviewed before closing, and preferably while contractual protections are still available.

Don’t Rely on the Fence

One final warning:

A fence is not proof of a property line.

Neither is the edge of the grass, a row of trees, a retaining wall, a driveway or where the previous owner tells you the boundary is located.

Even subdivision monuments and old survey pins can require interpretation by a licensed professional.

If knowing exactly what land you are purchasing matters to you, have a Georgia Registered Land Surveyor determine it.

My Recommendation to Georgia Home Buyers

Buying a home is one of the largest financial transactions most people ever make.

You inspect the roof.

You inspect the HVAC.

You inspect the plumbing, electrical system and foundation.

It makes sense to consider verifying the land you’re buying too.

A survey will not uncover every possible problem with a property, and whether one is appropriate depends on the individual transaction. But it can identify important boundary, easement and encroachment issues that a home inspection and traditional title examination may never reveal.

So when a buyer asks me:

“Do I really need a survey?”

My answer today is simple:

Before you decide to skip it, understand exactly what you’re giving up. Talk with your real estate agent and Georgia closing attorney, find out what type of survey is appropriate for the property, and make an informed decision before closing.

For many buyers, the peace of mind alone is worth it.

This article is intended for general real estate information and is not legal advice. Survey requirements, title insurance coverage and property issues vary by transaction. Buyers should consult their Georgia closing attorney, lender, title insurance provider and a Georgia Registered Land Surveyor regarding their specific property.

When you are ready to explore homes in Forsyth County, North Fulton County, Cherokee County, Dawson County, or the surrounding North Georgia area, give me a call. I can help you evaluate the local market, connect you with trusted mortgage professionals, and build a home-buying strategy around your needs and budget.

Please feel free to call or text me at 404 710 0204. I offer complimentary buyer strategy consulting. Let’s have coffee or a phone consultation and talk about your real estate goals!

This article provides general real estate information and is not mortgage, legal, tax, credit, or financial advice. Loan programs, underwriting requirements, interest rates, fees, mortgage-insurance rules, and assistance programs are subject to change. Consult appropriately licensed professionals regarding your individual circumstances.

 

 

 

This Local Real Estate blog is hosted by Gayle Barton, a top producing Realtor® with BERKSHIRE HATHAWAY HomeServices Georgia Properties. Gayle Barton is an award-winning agent ranked among the top 6% of BHHS agents nationwide. Licensed since 1983, she brings significant experience in negotiation and client advocacy and has closed more than $100 million in local sales.

Gayle specializes in real estate sales in the following North Georgia Counties – Forsyth, North Fulton, Dawson, East Cherokee, – Cities: Cumming GA, Suwanee GA, Alpharetta GA, Milton GA, Johns Creek GA, Ball Ground GA, Big Canoe GA, Dawsonville GA

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