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Agent Lens Editorial Team·Real Estate Technology Experts

What is Covenant?

A property survey is far more than just lines on a map; it's a crucial document that defines the legal boundaries of a property. As real estate professionals, we understand the potential pitfalls when boundary lines are unclear or disputed. A property survey, conducted by a licensed surveyor, provides a precise measurement and mapping of the property, revealing easements, encroachments, and any potential boundary discrepancies. Imagine a buyer planning to build a fence only to discover it encroaches on a neighbor's property – a survey can prevent such costly issues. Surveys also come into play during title insurance reviews, often required by lenders to protect their investment. They can uncover issues that could cloud the title, impacting the sale. Familiarizing yourself with survey terminology and the process is essential, empowering you to guide your clients effectively and avoid legal complications down the line. Understanding the nuances of a property survey is a cornerstone of protecting your client’s interests and ensuring a smooth transaction.

Answer to "What is Covenant?": A property survey is far more than just lines on a map; it's a crucial document that defines the legal boundaries of a property. As real estate professionals, we understand the potential pitfalls when boundary lines are unclear or disputed. A property survey, conducted by a licensed surveyor, provides a precise measurement and mapping of the property, revealing easements, encroachments, and any potential boundary discrepancies. Imagine a buyer planning to build a fence only to discover it encroaches on a neighbor's property – a survey can prevent such costly issues. Surveys also come into play during title insurance reviews, often required by lenders to protect their investment. They can uncover issues that could cloud the title, impacting the sale. Familiarizing yourself with survey terminology and the process is essential, empowering you to guide your clients effectively and avoid legal complications down the line. Understanding the nuances of a property survey is a cornerstone of protecting your client’s interests and ensuring a smooth transaction.
Legal & ContractsIntermediate

Covenant

A legally binding agreement or promise in a deed or other document that obligates or restricts property use, often established by developers or homeowners associations.

Understanding Covenant

A property survey is far more than just lines on a map; it's a crucial document that defines the legal boundaries of a property. As real estate professionals, we understand the potential pitfalls when boundary lines are unclear or disputed. A property survey, conducted by a licensed surveyor, provides a precise measurement and mapping of the property, revealing easements, encroachments, and any potential boundary discrepancies. Imagine a buyer planning to build a fence only to discover it encroaches on a neighbor's property – a survey can prevent such costly issues. Surveys also come into play during title insurance reviews, often required by lenders to protect their investment. They can uncover issues that could cloud the title, impacting the sale. Familiarizing yourself with survey terminology and the process is essential, empowering you to guide your clients effectively and avoid legal complications down the line. Understanding the nuances of a property survey is a cornerstone of protecting your client’s interests and ensuring a smooth transaction.

Agent Pro Tip

As agents, it's vital to clearly explain to clients what a property survey shows and why it's important, especially in older neighborhoods where boundary lines are less defined. Many buyers mistakenly believe a previous survey is sufficient; however, lenders or title companies often require a new one to ensure accuracy and reflect any changes since the last survey. Advise your clients to carefully review the survey with their attorney to identify and address any potential issues before closing.

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More Legal & Contracts Terms

Understanding Covenant

A property survey is far more than just lines on a map; it's a crucial document that defines the legal boundaries of a property. As real estate professionals, we understand the potential pitfalls when a survey reveals discrepancies or unrecorded easements. Market trends show firsthand how a seemingly minor encroachment issue discovered during a survey can derail a closing and lead to heated negotiations between buyers and sellers. Imagine, for example, the Smiths, eager to build a fence around their newly purchased property in Austin, only to discover the fence encroaches three feet onto the neighbor's land according to the survey. This necessitates either moving the fence, obtaining an easement from the neighbor, or, in the worst-case scenario, a legal dispute. This is where a thorough understanding of property surveys becomes invaluable for any agent.

Often, property surveys are confused with title searches or appraisals, but each serves a distinct purpose in the real estate transaction. A title search examines the ownership history of the property, ensuring clear and marketable title. An appraisal, on the other hand, estimates the market value of the property. While all three are essential components of due diligence, the survey specifically focuses on the physical boundaries and improvements on the land. Consider a situation where a buyer relies solely on the title search, which shows no encumbrances, but neglects to obtain a survey. They might later discover unrecorded utility easements or a neighbor's shed built partially on their property. Only a survey can reveal these types of discrepancies, which are not typically found in title records or considered during an appraisal.

Historically, property surveys were conducted using rudimentary tools and methods, often relying on landmarks and physical features to define boundaries. Over time, advancements in technology, such as GPS and aerial photography, have revolutionized the surveying process, allowing for more accurate and detailed surveys. The evolution of surveying standards and regulations has also played a significant role in ensuring the reliability and consistency of surveys. For instance, in Texas, the Texas Society of Professional Surveyors (TSPS) has established minimum standards and guidelines for surveying practices. These standards dictate the level of accuracy, detail, and documentation required for different types of surveys. Failing to adhere to these standards can result in legal liability for the surveyor and potential complications for the property owner.

Nowadays, property surveys are increasingly integrated with digital mapping and geographic information systems (GIS), enhancing their accessibility and usability. Online platforms now allow agents to easily access survey plats and other related documents, streamlining the due diligence process. Regulatory changes, such as updated zoning ordinances and floodplain regulations, can also impact the interpretation and application of property surveys. Consider, for example, a property located near a creek in Houston that undergoes a FEMA floodplain remapping. The updated survey may reveal that a portion of the property is now located within a designated floodplain, requiring the owner to obtain flood insurance. Agents must stay informed of these evolving regulations to effectively advise their clients.

As a real estate agent, understanding property surveys is paramount for protecting your clients' interests and ensuring smooth transactions. For buyer's agents, it's crucial to advise clients to obtain a new survey, especially in cases where the existing survey is outdated or unreliable. This allows for the identification of any potential boundary issues or encroachments before closing. Seller's agents should proactively review the property survey with their clients, addressing any known discrepancies or potential title defects upfront. By doing so, they can avoid last-minute surprises and prevent delays in the closing process. Furthermore, agents should maintain a network of reputable surveyors and attorneys who can provide expert guidance on complex survey-related matters. A proactive approach ensures both parties are fully informed and protected.

Key Takeaways

1

Client Explanation

When explaining a property survey to clients, avoid technical jargon and focus on its practical implications. Explain that the survey identifies the exact boundaries of the property, reveals any potential encroachments or easements, and ensures that the property aligns with the legal description. Use simple language, such as "the survey shows exactly where your property lines are" or "it's like a property 'health check' to ensure everything is as it should be." Highlight the importance of the survey in protecting their investment and preventing future disputes with neighbors.

2

Common Misconception

A dangerous misconception is that an old survey is always sufficient. While it might seem cost-effective to reuse an existing survey, it may not reflect current conditions or meet lender requirements. Improvements to neighboring properties, new easements, or changes in local ordinances could render the old survey inaccurate. Always advise clients to obtain a new survey, especially if significant time has passed since the last one or if there have been any changes to the property or surrounding area. Skipping this step can lead to costly surprises down the line.

3

Transaction Impact

Property surveys can significantly impact transaction outcomes. Undisclosed encroachments or boundary disputes revealed by the survey can lead to renegotiations, delays, or even the termination of the deal. For example, if a survey reveals that a neighbor's fence encroaches onto the property, the buyer may demand that the seller resolve the issue before closing. Alternatively, the buyer may request a price reduction to compensate for the encroachment. Addressing survey issues proactively can prevent these disruptions and ensure a smoother transaction process.

4

Pro Application

Experienced agents leverage their understanding of property surveys to provide superior service to their clients. They proactively review surveys with their clients, identifying potential issues early on and developing strategies to address them. They also use surveys as a marketing tool, highlighting the clear boundaries and lack of encumbrances to potential buyers. By demonstrating their expertise in property surveys, they build trust with their clients and establish themselves as valuable advisors in the real estate transaction.

Frequently Asked Questions

Who typically pays for the property survey?
The responsibility for payment can vary depending on local custom, the purchase agreement, and lender requirements. In some areas, the seller traditionally covers the cost, while in others, it falls to the buyer. Review the specifics of the purchase agreement and consult with local real estate attorneys to determine who is responsible in your area.
What happens if a property survey reveals an encroachment?
An encroachment, where a structure or improvement extends onto a neighboring property, can create legal issues. Depending on the severity and local laws, the parties may need to negotiate an easement, modify the encroaching structure, or potentially litigate. Addressing encroachments before closing is crucial to avoid future disputes.
With the rise of virtual property tours, is a physical property survey still necessary?
Yes, absolutely. While virtual tours provide a visual representation of the property's interior and exterior, they cannot replace the legal accuracy and boundary verification provided by a physical property survey. A survey is essential for confirming boundaries, easements, and potential encroachments, which are critical for legal and financial protection.
What does "Covenant" mean in real estate?
A legally binding agreement or promise in a deed or other document that obligates or restricts property use, often established by developers or homeowners associations.
Why should real estate agents understand "Covenant"?
Understanding covenant is essential for real estate professionals because it directly affects transactions, client consultations, and deal negotiations. Agents who can clearly explain this concept build trust and demonstrate expertise to their clients.