What Agents Should Know About Property Surveys

When Surveys are Required for Properties

A survey is necessary when the deed's legal description cannot establish the property's boundaries with certainty.  Every property must be reliably identified from the property description on the deed. When it can be, a survey usually isn't required. When it can't, or when there's enough doubt to make the answer uncertain, a survey becomes the path to resolving it. 

Emily Grant, Attorney and Member at Bluegrass Land Title, says, “A survey is required when the legal description doesn't definitively describe the property being conveyed. For properties in platted subdivisions, a survey usually isn't needed because the boundaries are already defined. It's typically a rural consideration.” This tends to come up with older legal descriptions that rely on imprecise language, with properties whose boundaries have shifted over time through off-conveyances, and with situations where the public record itself suggests the acreage or boundaries may not match what the deed says.

In contrast, platted subdivisions have clearly defined, recorded boundaries. And because a plat is itself based on a survey, title insurance policies for platted properties can automatically include survey coverage. Most urban and suburban transactions fall into this category. Because of this, surveys are primarily a consideration for rural properties, older parcels, and land that has been divided or reconfigured over time.

What a Survey Gets You

When a survey is part of a transaction, it delivers two connected benefits that work together to protect the buyer. The first is straightforward assurance about what the buyer is actually purchasing. A survey confirms the boundaries, the acreage, and how the property relates to the land around it. Without a survey, that information comes from the legal description on the deed, which may or may not reflect what is really there. Deeds can also describe boundaries using old landmarks, imprecise calls, or acreage figures that no longer match the property after years of off-conveyances.

The second benefit is coverage on the title insurance policy. The title examination establishes what was conveyed to the current owner and accounts for any off-conveyances in the public record, but it cannot confirm what actually exists on the ground. Once a survey is completed and provided to the title company, the resulting policy can include survey coverage, which protects the buyer if the survey itself turns out to be incorrect.

"If you get a survey, you can then obtain an owner’s title insurance policy that insures what the survey says you purchased. If it turns out the survey is wrong, you'll be compensated through the title insurance company. That's the only definitive way to get survey coverage,” Grant explains. If a boundary is wrong or the acreage doesn't match what the survey shows, the buyer has recourse through the policy. Without a survey, that coverage generally isn't available outside of platted subdivisions, where the plat is already based on a survey.

When to Identify the Need for a Survey

The decision to require a survey ultimately rests with the title company and the underwriter, not the agent. That said, agents who know what to look for can identify likely survey situations early, often at the time of listing, and save everyone time and frustration later in the transaction.

At Listing

One of the most valuable things an agent can do on properties where a survey might be needed is to review the deed at the time of listing. This review isn't necessary for properties in platted subdivisions, where survey requirements are uncommon, but for rural properties, older parcels, and land with a long ownership history, a few specific warning signs tend to surface this way.

• The legal description. Old metes-and-bounds descriptions, especially those that reference landmarks or include unusual calls, are a frequent reason a survey gets flagged during the title examination. An agent doesn't need to interpret the description like a surveyor would. Just noticing that the description is old, lengthy, or unusual is enough to raise the question.
• The relationship between the deed and the Property Valuation Administrator (PVA). The PVA isn't authoritative and shouldn't be relied on for legal boundaries, but it's useful as a cross-check. When the deed says a property is 50 acres and the PVA says 38, something in the record needs to be reconciled. Sometimes the explanation is simple, like a single off-conveyance that accounts for the difference. Other times, it's a signal that a survey will be needed.
• A history of off-conveyances. When the most recent deed describes a large parent tract, but pieces have been sold off over the years, the remaining property may no longer match what the deed describes. This is particularly common in properties that have been in a family for decades.
• The client’s own uncertainty. A seller who expresses uncertainty about their own acreage or boundaries is giving the agent important information. If your client says, "I think it's about 40 acres," it's important to verify the figure against the deed and the public record. When the client's understanding doesn't line up with what the record shows, a survey is the only way to resolve the question.

When any of these warning signs appear, the agent has a few practical options. The simplest path is often to let the seller know that a survey may be needed and get ahead of scheduling. For situations that are less clear-cut, a call to the title company for an informal look before the property goes under contract can resolve the question quickly. 

During the Title Examination

When a potential survey concern isn't identified at listing, it may surface during the title examination. If the legal description doesn't definitively describe the property being conveyed, a survey will be required before closing.

A survey requirement at this stage can feel frustrating, particularly when a closing date is already in view, but it helps to understand what the requirement is actually doing. A survey isn't a hoop to jump through. It's a response to a specific lack of clarity in the record, and it exists to protect the buyer. Without a definitive description of the property, there is no way to guarantee that the buyer is purchasing what they think they're purchasing, and no way to extend full title insurance coverage over those boundaries. "If you want to be assured that you're purchasing what you think you're purchasing, it requires a survey,” Grant explains. 

What to Expect if a Survey is Required

Once a survey is ordered, the process is more straightforward than agents and clients often expect. The surveyor handles the work itself. Other elements of the transaction can generally continue in parallel, and the parties involved don't have to actively manage much beyond scheduling and payment.

Timeline varies based on the property and the surveyor's availability. Two weeks to a month is a reasonable expectation for many situations, though rural properties and more complex parcels often take longer. Regardless, agents should plan for the survey to extend the closing timeline and communicate that expectation to both buyer and seller early.

The survey is ordered by the client rather than the title company, often with the listing agent coordinating. The seller typically pays for the survey, though this can be negotiated as part of the contract. In some cases, the buyer will arrange and pay for the survey independently, either because they want the coverage for their own peace of mind or because the terms of the transaction put the responsibility on them. Once the survey is complete, a copy should be sent to the title company so it can be incorporated into the file.

Most real estate contracts already include a contingency requiring the seller to convey a marketable title. A property that cannot be definitively described falls within that contingency, which means the delay caused by a survey is generally treated as a good-faith delay rather than a breach. A formal addendum usually isn't needed. The exception is a contract with a time-is-of-the-essence clause and a firm closing date, in which case an extension may be appropriate.

Once the survey is completed and sent to the title company, it's reviewed and incorporated into the title examination. Survey coverage is then added to the title insurance policy, and closing proceeds on the adjusted timeline. 

Surveys aren't part of every real estate transaction, but when they are required, they can meaningfully affect the timeline and budget. Knowing when a survey is likely to be required, what it provides, and what the process looks like helps agents set expectations with their clients from the start and avoid surprises later in the transaction.

The most valuable thing an agent can do is identify potential survey situations early. A quick review of the deed at listing, a cross-check against the PVA, and attention to any uncertainty the client expresses about their own property will surface most of the situations where a survey is likely to be needed. It’s almost always easier to get ahead of those situations at listing than to address them mid-transaction.