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:
To remove the survey exception from a title insurance policy, the parties typically need to obtain a survey. The title policy ensures that when the deed was recorded, the title was free of defects except for those specifically mentioned in the policy. It does not guarantee the actual amount of land but confirms there are no buildings or improvements belonging to others on the insured land, provided an acceptable survey is submitted to the title company.
A survey details the property boundaries and any applicable easements or setbacks. It is the closing agent's responsibility to review this survey and determine what exceptions to coverage need to be made. The survey exception is standard in any title commitment and addresses potential issues like encroachments or setback violations that would be identified in a survey.
Whether the title company will remove the exception depends on its policies. We recommend consulting a local attorney who can review all relevant facts and documents.
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.