Buying a House? You NEED a Survey!
- Phoenix S. Ayotte, Esq.
- Sep 23, 2025
- 4 min read
Ratified on a house purchase? What's next? Getting ready for closing, that's what. One of the most important decisions is whether or not to order a survey—and you have to decide right away for it to be done in time.
Property surveys are one of the most overlooked safeguards in real estate transactions, yet they can prevent disputes, delays, and financial loss. Here’s what every buyer, seller, and real estate professional should know.
What Exactly Is a Property Survey?
A property survey is a professional assessment conducted by a licensed surveyor to determine:
The precise boundaries of a parcel of land
The location of structures and improvements (houses, driveways, fences, sheds, pools, etc.)
Easements and rights-of-way that allow others to use part of the property
Zoning restrictions and building setbacks
In other words, it connects the legal description in your deed with the physical reality on the ground. This clarity can be critical for buyers, lenders, title companies, and even sellers preparing to list property.
Why Property Surveys Matter
1. They Clarify Property Lines
Landscaping, fences, or tree lines often give a false impression of boundaries. A survey is the only way to confirm the actual property limits. Without it, disputes with neighbors are more likely.
2. They Reveal Encroachments and Easements
A shed, fence, or driveway that crosses a line—even by a foot—, or a tree that later grows over a property line, can spark disputes and lower property value. Easements for utilities, drainage, or shared driveways/pathways/other access may also restrict how you use your land.
3. They’re Required by Lenders or Title Companies- but they don't tell you this!
Lenders and title insurers require up-to-date surveys before closing, especially when prior surveys are outdated or missing. What happens if you don't shell out for one? There will be an exception on your title insurance policy, stating that anything which SHOULD or WOULD have been discovered by a pre-closing survey, will NOT be covered under the policy.
4. They Uncover Legal Risks Before Closing
If issues arise—like a structure built outside legal setbacks—you’ll want to know before closing. A survey contingency in your contract gives you the right to renegotiate or walk away.
Common Types of Property Surveys
Boundary Survey - Defines exact property lines; essential for most transactions.
House Location Survey (Mortgage Survey) - A simpler version used mainly to satisfy lender and title requirements.
Topographic Survey - Includes elevation details; often used for development or drainage planning.
Construction Survey - Guides builders to place structures correctly on the lot.
ALTA/NSPS Survey - The gold standard for commercial real estate. Includes boundary, improvements, easements, utilities, and zoning information.
Legal & Title Considerations
1. Title Insurance Limitations
Title insurance does NOT automatically cover survey issues, unless an updated survey is provided. Therefore, your title policy will exclude future boundary disputes, encroachments, easement disputes, and other title issues concerning your property.
2. Survey Contingencies in Contracts
Buyers should ensure contracts include contingencies tied to survey results. If a problem is found—such as an encroachment—you’ll want the right to renegotiate or terminate the agreement without penalty.
3. Caveat Emptor in Virginia
Virginia follows “buyer beware” principles, which means the buyer is responsible for discovering issues. A survey is one of the best defenses against buying a property with hidden boundary or easement problems.
When Should You Get a Survey?
Before Closing - Always. The earlier you order it, the less likely you’ll experience delays at settlement. Additionally, the survey must be reviewed by underwriting in order for your title insurance policy to extend coverage.
Before Improvements - Adding a fence, driveway, or addition without knowing the exact boundaries can be costly if you need to move it later.
When Subdividing or Developing - For new construction or dividing land into lots, surveys are legally required.
Step-by-Step: How to Protect Yourself With a Survey
Ask the Seller for Past Surveys - They may have one, but confirm whether it’s current.
Order a New Survey Early - Generally, this should be done within the first couple of days after ratifying the contract. It can take up to two to three weeks for the survey company to complete this work—longer in the winter time.
Match Survey With Title Insurance - Provide your title company with the survey to ensure coverage for applicable matters.
Review Carefully With an Attorney - Legal counsel can explain the implications of easements, setbacks, and restrictions.
Keep a Copy for Future Use - A current survey is valuable when refinancing, selling, or making improvements.
Don’t Skip the Survey
A survey is more than a map—it’s a shield. It gives buyers confidence, empowers sellers, and keeps real estate deals on track. Don’t risk disputes, surprises, or expensive mistakes. Get the survey, get clarity, and secure your property’s future.
Need Expert Guidance?
If you’re in Virginia, Maryland, or Washington, D.C. (DMV) and need a lawyer to guide you through real estate transactions, Phoenix S. Ayotte, Esq. of Future Counsel is here to help! We don’t just review your contract—we also help you understand surveys, title issues, and closing requirements to ensure your investment is protected. Whether you’re purchasing your first home or handling a complex property matter, we’ll guide you through every step with clarity and care.