In some States a Survey is required before close of escrow. Unfortunately, in California that is not the case. We literally receive calls daily from clients who have significant Title Issues. In most cases it would have been better to have resolved Title issues prior to close of escrow. There is a very real NIMBY attitude in California and Land Title Issues can bring out strong emotions on all sides when a new neighbor moves in and tries to make things right.
Examples of Title Problems — Typical Issues include:
- Fences may not be where you think they are
- Ingress/Egress issues – road is not in an easement
- Incorrect acreage (square footage)
- Encroachments (by others onto your property or vice versa)
- Conformance with setbacks & current zoning that affect future additions
- Easements of record may limit/ affect current & future use
- Easements that should be of record and are not
- Slope Restrictions
These are a few of the reasons to hire a well educated and experienced California Professional Land Surveyor (PLS). A good PLS should help you save time and money while hopefully maintaining neighborly relations.
A PLS can help isolate, understand and correct Title Issues. A PLS can provide a myriad of technical solutions to resolve title issues including Easements, Lot Line Adjustments, Certificate of Compliance, Record of Survey and Mediation Support & Expert Witness.
Most issues can be resolved out of court by working with a team composed of Client, PLS, Title Company and in some cases a Client Attorney.
In some cases a Survey will reveal Title Issues that no one knew about.
New Construction Encroachments And Setback Violations
Below is a real world example of how new construction without a proper survey can result in thousands of dollars of damages and liability. The home was not built within the building envelope and the walls encroach onto the neighbors and the public right of way.