ddcou(Ed Note: Lenders often do not require “surveys” ( Improvement Location Certificates). They used to. But, we still recommend them. Here’s why.)
By Ronald W. Flanagan, PLS, Colorado Engineering & Surveying, Inc.
How many times have Buyers, Sellers and Denver Realtors been told that an ILC is not needed, especially in the Metro Area? Or that encroachments are not a problem and don’t really exist. Or that loan underwriting does not require an ILC.
I’m here to tell you that encroachments do in fact exist and that sellers and buyers should both beware. As a professional land surveyor, I have recently given court testimony as an expert witness concerning encroachments. In both situations, the buyers could have avoided the legal battles that ensued by getting a professional survey of the property. The disputes arose because neither party had a survey or ILC conducted before buying their respective properties. Although the properties are in well established neighborhoods and within platted subdivisions, the owners later found out that the property lines were not in the location that was represented to them when they acquired the properties.
Home Buyers Still Need A Survey
Due Diligence is a very important matter in purchasing real estate today. Home buyers who waive their right to a survey could regret it later. In fact, the encroachment issue is so important that the Real Estate Contract addresses the matter in Sections 7, 8.7 and 10.8. As well, Chapter 14 of the Colorado Real Estate Manual states:
“In some cases improvements, such as fences or garages encroach on boundary lines and only a survey will reveal the problem.”
“A broker may be liable in such situations because brokers are assumed to have greater knowledge than that of the buyers and sellers.”The broker should recommend to both the buyer and seller that a survey be made.”
If you visit our Facebook page and go to the photo section, you will see some of the encroachments that we have recently discovered.
If you have any questions or concerns,
please contact me anytime.
Ronald W. Flanagan, PLS
Colorado Engineering & Surveying, Inc.
3470 So. Sherman St Ste #3
Englewood, CO 80113