A property survey establishes property lines, identifies potential risks, and protects purchasers from disputes that may arise after the purchase is complete. Although a survey is not always legally required for every sale in Illinois, a survey is often required by the bank or title company or strongly recommended by a residential real estate lawyer.
Are you asking, “Do I need a survey when buying a home in Illinois?” There is a right answer, but it all depends on your particular circumstances. Learning when you need to get a survey and what lawyers do regarding surveys will save you trouble.
When Property Surveys Are Legally Required in Illinois
There is no general requirement for a survey under Illinois real estate laws. However, in some specific cases, a survey is required by law. Lenders often require a survey before issuing a loan. They need to ensure there is proof of the property’s boundary lines in accordance with the official legal description. Otherwise, there will be no loan. Full title insurance will not be issued if there are doubts about the boundaries of the property. This means the buyer assumes the risks. Surveying is usually needed when purchasing empty lots, newly subdivided land, or properties whose boundary lines have been challenged. The real estate closing lawyer decides whether a survey is required.
When Surveys Are Strongly Recommended but Not Required
While many home transactions in Illinois allow buyers to forgo a survey, very few experienced attorneys recommend this approach. There may be additions to older homes that were made a long time ago. They might not correspond with the proper boundaries, nor will the proposed improvements.
In case of cash purchase deals, since there is no requirement from any institution for a survey, some buyers skip it. But then they expose themselves legally more than before because there is no institutional protection. Often, in such instances, home purchase agreement lawyers would still advise conducting a survey, even though it is not required by law.
What a Property Survey Actually Reveals
Buyers often believe that surveys indicate only lot size. Surveys, however, disclose legal issues regarding land usage.
Encroachments
Encroachments occur when physical structures extend beyond one’s property lines. A neighbor’s fence or driveway might extend into the land that you intend to acquire. These encroachments can cause legal conflicts or necessitate relocation.
Easements
Surveys will point out easements that permit other parties to use a portion of the land. Utility companies might have the right to access underground portions of the property. Driveway or drainage pathways may hinder construction plans.
Boundary Line Errors
Some older deeds contain incorrect boundary-line measurements. Surveys ensure that the property’s legal boundaries are correctly stated and avoid any conflicts with neighboring properties.
Setback Violations
Most city zoning laws mandate that buildings be constructed a specific distance from the boundary line. Surveys determine whether any additions or renovations exceed those setback regulations.
A residential real estate attorney interprets these findings and explains how they affect ownership rights.
What Happens If a Survey Reveals Problems Before Closing
However, finding an issue before closing is actually great news, as buyers still have legal options. In the attorney review stage, attorneys may demand that contracts be amended, repairs be made, or actions be taken to correct any issues that arise. If it’s a major issue, buyers can end the contract without facing any penalties.
The attorney review stage directly relates to legal services such as Title Review and Contract Review, in which lawyers review surveys, the title commitment, and the purchase agreement. It’s the job of a real estate closing lawyer to coordinate the negotiation process.
What Happens If Survey Problems Appear After Closing
After the closing, discovering any problem becomes a more complicated legal affair. If the buyer has waived the survey, title insurance may refuse to cover any obvious boundary issues. In that case, the buyer will need to address the neighbor or pursue legal action.
Examples of post-closing problems include fence encroachments, driveway disagreements, and undisclosed easements on property use. It will take legal action or boundary settlements to fix any of these problems. A real estate purchase agreement lawyer will assist in determining if there is a legal solution, but it is always easier to avoid a problem.
Survey Issues Buyers Rarely Think About
Many risks uncovered during surveys are often overlooked. Drainage easements could restrict one from installing swimming pools and patios. Retaining walls shared by adjoining properties could create maintenance problems for both parties. Rights to enter one’s property to upgrade utilities could interfere with landscaping plans many years after the initial purchase. Even the placement of mailboxes or driveways could be a source of litigation if not situated within property lines.
Should First-Time Buyers Always Go for a Survey?
The surveys are most useful for first-time buyers. The newly acquired property is typically renovated by first-time buyers shortly after the transaction takes place. The construction could be in violation of zoning laws if the boundaries are not definitively established. A lawyer specializing in real estate closings can advise first-time buyers on the risks and determine whether an updated survey is needed.
Surveys and Future Resale Protection
An up-to-date survey streamlines future resale transactions. It increases potential buyers’ confidence when there is proof of the boundaries. Lenders and title companies make approvals easier when all the surveys are ready. Getting a survey now can save time later when the property is sold.
Why Surveys and Title Review Work Together
The title search will show the property’s previous ownership history. The survey will determine the actual usage of the land. The two must match for clear ownership. Title insurance may exclude any boundary disputes without proper surveys. No ownership disputes can be revealed by surveys without a title search. The services of Title Review and Contract Review combine to provide comprehensive legal protection when purchasing a house in Illinois.
Legal Guidance from EJR Law Office
Purchasing a house must be done smoothly and legally, without any confusion about land matters. For this reason, EJR Law Office provides legal assistance to those looking to buy property in Illinois. As trusted attorneys, we review surveys alongside contracts and titles to identify potential pitfalls. Our professionals are available to assist you at every step of the closing process. Contact us now and let us provide you with seamless legal counsel in all your real estate transactions.
