Home > Home Buying > When to Purchase a Survey Deletion on Your Survey

Most real estate contracts require a survey, new or existing here in Texas. A survey defines the property lines, boundaries, easements and encroachments that may run through or over the property. If an existing survey is allowed in the State of Texas, remember to have the Owners sign the T-47 Affidavit indicating that they did not make major improvements to the property while they own the property. Hence, the existing survey may be used if the lender and title company approve it.

In Paragraph 6: Title Policy and Survey of the Texas 1-4 Family Residential contract, discuss what the Buyer is protected under the Title Policy insurance. Item (8)takes exception to Title Policy insuring against any discrepancies, conflicts or shortages in areas or boundary lines, or any encroachments, or protrusions, or any overlapping of improvement.

However, the Buyer, at Buyer's expense may purchase an additional policy, called the Survey Deletion which will cover title defects due to:

• Surveyor errors in locating boundary lines or improvements
• Fences or other improvements not located on the boundary line
• Improvements encroaching onto an easement or protrude over a building setback line
• Improvements owned by an adjoining landowner that encroach onto the insured property

Consider a Survey Deletion policy to protect your errors in the boundaries.

Errors & Omissions of surveyor's insurance is a different and separate issue in the Survey Deletion. The Survey Deletion policy stays with Title insurance while the E&O insurance of surveyor's is to protect the surveyor. E&O insurance of the Surveyor also covers the survey for which the survey the transaction was made. "Inherited" surveys are definitely no longer valid for such E&O coverage.

Discuss the cost and benefits of getting the optional added-coverage to protect yourself from surveyor's errors committed on the survey. Even if it is a new survey, order one. It may save you lots of trouble when you use this segment of the policy.

Currently, it costs about 5% of the title premium...... It is a very small amount for the added peace of mind. The buyers now have coverage for any discrepancies not noted on the survey as to encroachments or overlapping improvements.

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