CHCP Property Survey & Boundary Issues 4 — Questions and Answers
Question 1: What is a 'lot line adjustment' and when might it be needed at closing?
- A tax office reassessment of property dimensions
- A recorded document that relocates the boundary between two adjacent parcels (Correct answer)
- A survey correction filed when the original plat contained errors
- A title endorsement that insures against boundary disputes
Correct answer: A recorded document that relocates the boundary between two adjacent parcels
A lot line adjustment is a recorded process that shifts the boundary between adjoining lots, often needed when structures or improvements encroach across the existing line.
Question 2: What does the term 'riparian rights' refer to in the context of property surveys near water?
- Rights to build docks on any navigable waterway
- The property rights of landowners whose land borders a stream, river, or lake (Correct answer)
- Government-owned land within 100 feet of any waterway
- Easement rights allowing public access along shorelines
Correct answer: The property rights of landowners whose land borders a stream, river, or lake
Riparian rights are the water-use and access rights held by property owners whose land abuts a natural waterway, which must be noted in surveys of waterfront property.
Question 3: A survey shows a 'hiatus' between a property and a road. What does this indicate?
- The road right-of-way has been vacated
- There is a gap of land between the property boundary and the road not included in the subject parcel's deed (Correct answer)
- The property includes the road easement
- The road was built after the survey was completed
Correct answer: There is a gap of land between the property boundary and the road not included in the subject parcel's deed
A hiatus is a strip of land between a parcel and an adjacent road or another parcel that is not included in either property's deed, creating a potential title problem.
Question 4: What is the significance of a 'centerline' deed description for a property adjacent to a road?
- It means the property owner must maintain half the road
- It indicates the property boundary extends to the center of the adjoining road right-of-way (Correct answer)
- It marks the midpoint of the property for tax assessment purposes
- It indicates a utility easement runs through the middle of the property
Correct answer: It indicates the property boundary extends to the center of the adjoining road right-of-way
A centerline description means the property extends to the center of the adjacent road, so if the road is ever vacated, the owner typically receives the road's half adjacent to their parcel.
Question 5: Which type of survey is specifically required when a lender finances a new commercial property and wants maximum protection against survey-related title risks?
- Topographic survey
- Staking survey
- ALTA/NSPS Land Title Survey (Correct answer)
- Boundary survey without certification
Correct answer: ALTA/NSPS Land Title Survey
ALTA/NSPS Land Title Surveys meet the strict standards of the American Land Title Association and are required by most commercial lenders to identify all boundary, easement, and encroachment issues.
Question 6: A deed references a survey performed in 1952. A new survey reveals the monuments have shifted. Which survey controls the boundary?
- The most recent survey always controls
- The original intent of the parties as expressed in the deed controls, with the 1952 survey as evidence of that intent (Correct answer)
- A court must always resolve conflicts between old and new surveys
- The lender's survey controls over all prior recorded surveys
Correct answer: The original intent of the parties as expressed in the deed controls, with the 1952 survey as evidence of that intent
Courts look to the original intent of the deed parties; the older survey is evidence of what the parties intended, but the deed's legal description and intent govern.
Question 7: What is a 'surveyor's certificate' and why is it important in a real estate closing?
- A license issued by the state allowing a surveyor to practice
- A signed statement by the licensed surveyor attesting to the accuracy and scope of the survey (Correct answer)
- A title insurance endorsement covering survey errors
- A government certification that the property meets zoning requirements
Correct answer: A signed statement by the licensed surveyor attesting to the accuracy and scope of the survey
A surveyor's certificate is the licensed surveyor's sworn statement that the survey was performed in accordance with applicable standards, and it establishes the surveyor's legal liability for accuracy.
CHCP Property Survey & Boundary Issues 4
What is a 'lot line adjustment' and when might it be needed at closing?