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baboo
Jun 25th, 2012, 02:32 PM
Hi all,

Can a property survey be done by an Engineer instead of a Land Surveyor? My house sale is closing in 2 days, and my lawyer just told me that the "survey" I gave him does not have a surveyor's signature, and might raise some issue on closing. I got that so called "survey" from the builder 7 years ago and it shows everything about the property, lot/dwelling dimension, elevation, address, lot #, legal description, and has an Engineer stamp on it. As the matter of fact, it looked just like a survey, only thing is it instead of having a survey'er signature, it has an Engineer's stamp and a declaration of the Engineer stating everything on this piece of paper is true. I don't recall getting anything else from the builder and I have always thought that is the survey.

My lawyer said if I can't have the survey in 2 days, I will most likely have to deduct 1k from the selling price to compensate for the buyer.

Anyone know what makes a "survey" legal?

Pete_Coach
Jun 25th, 2012, 03:00 PM
Your lawyer is right. the document that has an "engineer's" stamp and signature is just a lot plan. It may give dimensions but it is not a surveyors plan.
A surveyor has the license to sign the property survey, not the engineer. A bank will not accept a builders lot plan. Besides, a recent survey need to be done to sell the house to ensure all things (fences, garages, sheds) are on your property and not the neighbors and vice versa or encroaching on any easments.

bknight
Jun 25th, 2012, 04:25 PM
Your lawyer is right. the document that has an "engineer's" stamp and signature is just a lot plan. It may give dimensions but it is not a surveyors plan.
A surveyor has the license to sign the property survey, not the engineer. A bank will not accept a builders lot plan. Besides, a recent survey need to be done to sell the house to ensure all things (fences, garages, sheds) are on your property and not the neighbors and vice versa or encroaching on any easments.

Pete_Coach is right - the drawing with the Engineer's stamp will be part of the plans for the house - showing where things are supposed to go. Then, once the house is constructed, you get the surveyor to go out and measure where it actually is. The drawing the surveyor creates from actual measurements is the one you want, and the one the buyer requires for their mortgage company. Regards,

ChzPlz
Jun 26th, 2012, 10:04 AM
You might want to see if title insurance can be an acceptable option instead of a new survey. Generally speaking, at least in urban/suburban areas, people don't get actual surveys anymore - they just get title insurance in case something goes wrong. Title insurance is cheap. I think it was under $200 last year.

Now, if you're in a rural area where you're planning development, things might get a bit more complex and a survey would be required. But not in traditional subdivision.