With regards to vacant land:
Can a Title Co give clear title to vacant land without a survey or plot map specific to property?
I’m unclear on this, but it would SEEM that Title Co would need a survey of property on file to provide any buyer clear title…is vacant land different than when a house or structure is on the property?
The Title Co does not provide clear title, it simply performs due diligence to determine if the title is clear before insuring against title defects. That being said, they will insure subject to known issues, such as lack of a survey.
Unless it’s a condo get a survey done. This wa yif there is a problem with the property boundries it will be covered by the title company.
alright. so, i will pay for a survey…OR…should seller pay for it.
again, i signed as assignee. i attached an addendum to contract stating that property must have clear title. in addendum it sites the need for survey. since i attached that addendum, assignor needs to pay for it - because in the addendum it states that the assignor must perform all necessary means to provide that there are no encumbrances, delinquent taxes or other liens on property - as long as assignee notifies assignor within 15 days of signing contract…
i’m emailing assignor now (12th day) and i’m contacting the title company.
here is the seller’s response to me regarding survey - my first inquiry about it:
Have no idea…surveys are typically done when a person is either:
buying property with improvements (house, fence, outbuildings, etc).
submitting plans for building on a property, to insure code compliance.
I have bought and sold hundreds of properties, and have bought surveys on every property with a house on it. On the other hand, I have never purchased, or received, a survey for vacant land. The lot/block description, as well as a warranty deed, and Title Insurance, have been sufficient for me.
Should you feel the need for a survey, I will contact our Realtor in XXXX, for a recommendation regarding a licensed surveyor in XXXX.
I mean that sounds legite to me and makes perfect sense. but i know my lawyer would say, “get a survey of the land.” I just know he would.
follow up on this:
a survey is recommended. duh.
it is definitely not absolutely necessary. duh
wow the things you learn when you’re in the midst of a contract. it’s really the only way to learn.
now i know the difference between title and title insurance and how UNDERWRITING plays a key role in it.
wow. the learning process continues.