Sunday, April 2, 2017

Are The ALTA Land Title Surveys Tennessee Home Buyers Order Really Necessary

By Thomas White


It always surprises Brokers when potential real estate purchasers assume their boundary lines are clear and distinct. Many seem to think that, if the transaction closes, they have the exact acreage on the legal description with no encumbrances. It is often necessary for Brokers and real estate attorneys to explain to prospective purchasers that ALTA land title surveys Tennessee professionals certify can prevent unpleasant surprises down the road.

As a property owner you need to know exactly how much acreage you have and where the boundary lines are. This is one of the most common reasons to have a survey conducted. If you decide you want to erect fencing along your property lines, you have to know where they are. Without accurate information, you may accidentally encroach on your neighbor's property and have to pull expensive fencing out of the ground.

When you have several acres, it is possible there are abandoned roads and easements that will affect your ownership, such as utility easements. The type of restrictions may determine where you can put fencing or build structures. If you have a neighbor whose only access to the road is through your property, that neighbor may have ingress and egress rights through your yard.

Building and planting close to boundary lines can lead to overhangs and other projections that are outside your property. Because of a peculiar property configuration, you and your neighbor might end up sharing a common driveway. Falling trees can be source of disputes between neighbors. If there are trees on property lines, you need to find out who owns them before a big storm uproots one of them. Ownership will determine who is responsible for any damage.

When you purchase acreage, what is situated on that property belongs to you unless the seller specifies something else in the contract and again at closing, if necessary. There may be a portable building or irrigation system that will be removed before closing or within a certain number of days afterward. What is left of the property must be in compliance with local ordinances and regulations.

There is very little property today that is not zoned in some way. You should know if the acreage you are purchasing is zoned residential or not, especially if you plan to build a house. If it is not, you need to find out what it is zoned for and what you can do to get an exception, if necessary. You might end up having to contact an experienced real estate attorney to persuade the zoning board.

Before purchasing property for commercial development, you will want to know what kind and how many curb cuts are allowed. You also have to make certain any drives and parking areas you need will be approved by the zoning board. There also has to be access for emergency vehicles.

When you decide to purchase real estate, you need to do your due diligence. It is up to you to determine where the boundary lines are, what restrictive easements are in place, and how the property is zoned. You'll need a good surveyor for that.




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