Buyers tour houses, but they purchase land with a house on it. Where that land begins and ends, and who else has rights to use parts of it, are questions many buyers never ask until they want to build a fence or a shed and discover a problem. A little attention to surveys and easements before closing prevents those surprises.
Lot lines are not always where they look
Fences, hedges, driveways and lawn edges are not legal boundaries. They are where someone once decided to put something. The actual lines are defined in the legal description of the property and marked on the ground by survey monuments, often iron pins or stakes that may be buried or long gone. It is common for a fence to sit a foot or more inside or outside the true line, sometimes for decades without anyone noticing.
What a survey shows
A survey is a professional measurement of the property that produces a drawing showing the boundaries, the location of the house and other structures, and often easements and encroachments. Several types exist:
- A boundary survey locates and marks the property corners and lines.
- An improvement location or mortgage survey, required by some lenders or title companies, shows where structures sit relative to the lines, often with less precision and no new markers.
- A more detailed survey following national title standards is common for commercial property and sometimes used for complex residential lots.
Whether you need a new survey depends on your state’s customs, your lender and title company, and your plans. If the seller has a recent survey, ask for it. If you intend to build near a line, a current boundary survey is money well spent.
Easements, explained
An easement gives someone other than the owner the right to use part of the property for a specific purpose. Common types include:
- Utility easements, which let utility companies run and maintain lines, pipes or poles, usually along a lot’s edges.
- Drainage easements, which keep channels or swales open for stormwater.
- Access easements, which allow a neighbor or the public to cross the property, such as a shared driveway or a path.
- Conservation or view easements, which restrict what can be built or altered.
Easements are usually recorded with the deed and will appear in the title commitment you receive before closing. They generally stay with the land when it changes hands. In practice, they limit where you can build, plant trees or install a pool, and they may allow a utility crew to dig in your yard.
Encroachments and shared features
An encroachment is a structure that crosses a property line: a neighbor’s shed on your side, or your fence on theirs. Shared driveways, party walls and wells also raise questions about maintenance and access. These are often handled with written agreements, and unresolved ones can complicate a future sale. If a survey or your own observation suggests one, raise it before closing.
Who to ask
Your title company or closing attorney can explain the easements and any exceptions listed in the title commitment. A licensed surveyor can locate the lines and mark them. An attorney can advise on encroachments, shared-use agreements and what an easement permits. Your agent can help gather the seller’s documents and ask the right questions. Ten minutes with the survey and the title commitment is one of the simplest pieces of due diligence a buyer can do, and it pays off the first time you pick up a shovel.
What Buyers in North Georgia Should Look For
Properties in Cartersville, Bartow County and the surrounding North Georgia communities range from small in-town lots to rural acreage, and the survey and easement questions differ accordingly.
- Rural and acreage properties. Boundaries may follow old fence lines, creeks or tree lines. A current boundary survey is especially valuable, since older descriptions may refer to landmarks that have changed.
- Shared and private roads. Some rural properties are reached by private or shared drives. Ask whether there is a recorded access easement and a written road maintenance agreement.
- Utility lines. Power line corridors, gas lines and water lines may cross larger lots. These easements can limit where you build or plant.
- Creeks and drainage. Streams and drainage paths may carry easements or buffer requirements that limit clearing or construction nearby. Local regulations vary, so ask the county or city.
- Subdivisions. Plats for neighborhoods often show easements along lot lines, and HOA rules may add their own restrictions on fences and outbuildings.
Reading a Survey, Step by Step
- Find the boundary lines. Locate the outline of the lot and note the dimensions of each side.
- Locate the house and structures. Check how far the home, garage, sheds and fences are from each line.
- Look for easements. These are often shown as dashed lines or shaded strips with a label.
- Check for encroachments. Look for notes about structures crossing a line in either direction.
- Note setbacks. Some surveys show building setback lines, which limit how close structures can be to the boundaries.
- Check the date. Older surveys may not reflect recent changes, such as a new fence or addition.
- Ask questions. Your closing attorney or a surveyor can explain anything that is unclear.
Common Mistakes Buyers Make
- Assuming the fence is the line. It may not be.
- Skipping the title commitment. This document lists recorded easements and exceptions. Read it before closing.
- Planning projects before checking easements. A pool, shed or fence placed in an easement may have to be moved later.
- Ignoring shared features. Shared driveways or wells without written agreements can lead to disputes down the road.
Survey and Easement Questions
Does the seller have to provide a survey?
Not always. Practices vary, and buyers often order their own. Ask your agent and closing attorney what is customary for the property.
Can an easement be removed?
Sometimes, but it usually requires agreement from the party that holds it and legal steps. An attorney can advise.
Should I mark my corners after closing?
If you plan to fence or build, having a surveyor locate and mark the corners can prevent disagreements with neighbors later.
What if I discover an encroachment after closing?
Talk with your title insurer and an attorney. Depending on your coverage and the situation, there may be options, but it is far easier to address before closing.
