Posted by 1lessday on 9/18/07 6:53am
Msg #211705

question about title insurance

does anyone know if title insurance will cover an incorrect survey on a piece of property? they missed the markings by 8 feet and the neighbors are wanting to settle up?

Reply by Lee/AR on 9/18/07 7:10am
Msg #211708

Get your policy out and read it.

Reply by 1lessday on 9/18/07 7:25am
Msg #211709

don't have one

Reply by Lee/AR on 9/18/07 8:06am
Msg #211711

Well, now I'm confused. If you don't have Title Ins., you don't have Title Ins. In general--you know that Survey Aff. you get signed? That 'generally' exempts 'matters of survey'--unless a survey was included in the TIP (doesn't happen often). That's why I said 'read your policy'.

Reply by Les_CO on 9/18/07 8:17am
Msg #211712

If the survey was/is "INCORRECT" the title policy should cover it. This is a somewhat complex question, many things can be involved. Is this a fence line? Is this farm and ranch property? Is this an easement? Is this a purchase? How long ago did this happen? (adverse possession). You need to call the Title company and ask them. If you don't have a policy, you need to try and go back to the previous owner/seller. You may end up in court.

Reply by Stamper_WI on 9/18/07 8:43am
Msg #211716

Or go back to the person who surveyed it. The TC is reliant on their accuracy

Reply by John_NorCal on 9/18/07 8:52am
Msg #211718

It all depends on the coverage that was purchased. It is possible to get a policy that has extended coverage covering survey and lot line issues. You need to talk to the title company.

Reply by Gerry_VT on 9/18/07 8:53am
Msg #211720

"they missed the markings by 8 feet and the neighbors are wanting to settle up." Have you contacted the surveyor, and given him/her a chance to defend his/her reasoning. "They" didn't miss by 8 feet, for sure, until a court verdict says so and all appeals have been exhausted.

Be especially careful of someone who says a monument is in the wrong place based on a tax map. Tax maps are much rougher measurements than a proper survey.

Reply by Todd/OH on 9/18/07 8:59am
Msg #211724

The lender requires you to purchase title insurance to protect them. You had an option to purchase an owner's policy to protect you. Did you purchase one? If so, read it. If not, locate the surveyor and ask. Like Gerry said, they don't "miss".

Reply by firegirl on 9/18/07 9:03am
Msg #211727

A 'location drawing", is what you usually get when a survey is done, it is cheaper and less accurate than a 'boundary survey'. How do you know there are 8 feet in question?

Most title policies have an exclusion for 'encroachments, overlaps, and boundary line disputes which would be disclosed by an accurate survey...'

You also didn't mention if there was a fence or wall involved in this dispute and if you put up said wall or fence yourself or if it was there when you bought the property. If it was there already that could be in your favor. This could be a sticky situation for sure....

Reply by 1lessday on 9/18/07 9:12am
Msg #211729

thanks, lot of good help here.

Reply by Kevin/Ct on 9/18/07 12:25pm
Msg #211763

It depends on the exclusions to coverage contained in your policy. Very often there is a general exclusion for matters that could have been discovered by an accurate survey or inspection of the property. You should put a claim in, and see if the pay you or deny coverage. You have recourse against surveyor if coverage is denied.