Most people who are considering purchasing a home need hardly be reminded of the financial implications of such an undertaking.

When confronted with the initial down-payment, legal fees, decorating, and furnishing expenses, can the additional financial outlay for a property survey be justified?

The short answer to this question is that the purchaser should make it his business to know exactly what he or she is buying.

While the Realtor can advise the buyer on property values and market trends, and the Lawyer can confirm the chain and quality of title, the Land Surveyor is an expert on the extent of title and can alert the buyer to potential encumbrances which may not be discovered through a Land Registry office search.

To illustrate the difference between the Lawyer's role and the Surveyor's role in a typical real estate transaction, one might consider the following potential situation;
Mr. & Mrs. Rowan sign an offer to purchase the west half of lot #74, registered plan #3806, from Mr. Stanciu. The Lawyer conducts his title search which reveals that Mr. Stanciu has indeed a sound chain of title and thus may legally sell his half lot to the Rowans. The deal is closed and the Rowans move in.

Some years later when the Rowans decide to sell their home, the purchaser insists on an up-to-date survey as a condition of the offer to purchase. The Surveyor conducts his Registry Office search, obtains the original survey records for the subject parcel and adjoining parcels and then proceeds to carry out his field survey. He discovers that lot #74 has a frontage of only 96 feet, not 100 feet which was indicated on the old plan. Instead of the 50 feet they paid for, the Rowans have really only 48 feet to sell.

Furthermore, the survey reveals that the setback of the dwelling from the street line does not comply with the zoning by-law. To further compound these problems, the garage on the lot is encroaching over the property line and the fences have been constructed nowhere near the boundary lines. On the basis on these revelations, the potential purchaser withdraws his offer.

Considering the magnitude of the investment, discuss your offer to purchase with a Lawyer and a Surveyor before you sign. Keep in mind that only a up-to-date survey can reveal the existence of easements, rights of way, fences, and physical features which may adversely affect your enjoyment of the lands.

Protect you family's investment and always insist on an up-to-date survey as a condition of the offer to purchase.

If you would like any further information, please feel free to contact me by phone or email.

- Chris Stanciu, O.L.S.