What is a Survey?
A property survey will typically set out the exact boundaries of a property, including the location of any structures, fences, driveways, surrounding roadways, easements, rights-of-way, or encroachments. In Ontario, a property survey can only be carried out by a licensed Ontario Land Surveyor. Surveys may be required by lenders, builders, municipalities, and property owners in order to ascertain certain information about a property. Real estate lawyers typically will not conduct an examination of property surveys since lenders and buyers may accept title insurance in place of conducting an examination of the property survey. If a property survey has not been conducted since the addition of new structures or fence lines, a lender may require a new survey in addition to title insurance. A property survey can be a useful tool to settle disputes involving encroaching neighbors. For example, if neighbor A builds a shed on the edge of their property and neighbor B claims that the shed was built on their property, a property survey can mark the exact boundary where both properties meet. Although obtaining title insurance in place of an official survey plan may be cheaper, there are circumstances in which a lender or buyer should seriously consider having a survey plan prepared by a licensed Ontario land surveyor.
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Disclaimer: The information contained in this article is not to be construed as legal advice. The content is drafted and published only for the purpose of providing the public with general information regarding various real estate and business law topics. For legal advice, please contact us.
About the Author:
Shahriar Jahanshahi is the founder and principal lawyer at Jahanshahi Law Firm with a practice focus on representing business star-ups and investors in the province of Ontario. For further information about Shahriar Jahanshahi, click here.