Full question:
At the closing sale of 40 acres lot in 1977 the owners 1965 survey was available and a re-certified survey by the same firm in 1977, with a note: 'Amended February 15, 1977 to show warranty Deed legal, not surveyed this date'. Question: is this sufficient to remove the survey exception on the title insurance policy?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Florida
Answer:
Often, if the parties obtain a survey, the survey exception can be removed. The title policy guarantees that at the date the deed was filed for record placing title in the name of the insured, the title was free of defects apart from those "excepted to" in the policy. The policy does not guarantee an actual amount of land. It guarantees that there are no buildings or other improvements belonging to someone else located on the insured land when an acceptable survey is furnished to the title company. An additional premium is paid to amend the standard survey exception.
A survey is a detailed description of the underlying lands, depicting the applicable easements and setbacks. It is the closing agent’s job to review this survey to determine what exceptions to coverage need to be made. This exception is standard on any title commitment. This item takes exception to any matters (encroachments, setback violations, etc) that would have been shown on a survey of the property.
Whether or not the title company will commit will depend on the policies of the particular company involved. We suggest you consult a local attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
