Why the Land You Want to Buy May Not Be As It Seems

If you have been looking at a large parcel of land with an eye to future development, you may be quite happy with what you see and ready to move forward with your transaction. But before you get too carried away, you should remember that what you see and what you get are not necessarily the same, especially when it comes to property titles. What do you need to think about first?

Assuming a Match

For one reason or another, the certificate of title for this property may not match up with the boundary fencing or what is actually built on the site itself. While this situation is relatively rare, it can certainly happen, and you need to look much more closely at the package before you proceed.

Stranger Things Have Happened

Over the years since the property last changed hands, a neighbour may have erected their own structure, which might have infringed on your boundary. Alternatively, somebody could have built a fence or wall in an incorrect location, which would certainly cause an issue should you proceed.

Getting a Title Re-Establishment Survey

Instead, consider commissioning a title re-establishment survey. This type of survey will tell you if buildings have been built on or very near to your boundary or a fence has been constructed in the wrong place. They may help to uncover easements that you might not have been aware of, and the service could definitely be advantageous should a claim for "adverse possession" arise. If you are not familiar, adverse possession represents a potential claim over the title to a piece of land, should it have been vacant for a long time and another party had claimed access. It can be very complicated, and you should seek legal advice if you ever encounter that threat.

Understanding the Report

When you get a title re-establishment survey report, this document will clearly show you the title boundaries and give you advice regarding your rights. You certainly need this report if you plan to develop or perhaps subdivide the land, as this would be your starting point for any other plans.

Money Well Spent

So, don't automatically assume that you can proceed with the plans that you have in mind until you confirm that your property rights are okay. It's money well spent if you uncover something that could scupper long-term plans, and could allow you to move on to look for pastures new. Get in touch with a land surveying contractor for more information.  

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