Monday, May 11, 2009

Can a home be bought without surveying land in MA?

I want to put a fence on my property and new neighbor says I need my land surveyed. Shouldn't he have had his land surveyed before passing papers?

Can a home be bought without surveying land in MA?
Both previous answers are partially incorrect. It is possible to buy and sell property without having it surveyed, but it is never advisable to do so, because you cannot legally rely upon the accuracy of the existing information, which may be either obsolete or simply wrong. Therefore, land transactions in which a title company is involved do require a survey, since title companies understand the value of a survey to verify the facts. Regardless of whether your neighbor has had a survey done or not, you should not construct a fence, wall, garage or anything else near your property boundary, without having your own survey done, and having a licensed professional land surveyor determine the proper location where you may safely and legally erect your fence. This is the only way you can be protected from liability. If you commence construction without the protection of a survey, you will be liable for any damage that may result.
Reply:If either property has been surveyed in the past, survey markers will have been permanently placed. A fence can be erected on your side of the boundary as defined by the markers. If the property has never been surveyed, I'm afraid your neighbor is correct. Land titles are passed based on measurments (latitude, longitude down to minutes and seconds). You need to establish those exact physical boundaries by means of survey.
Reply:I have heard of no state that requires a survey. If they where required, surveyors would be rich, property disputes would be non-existant and real estates transactions would take forever to complete.


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