Question 58

A buyer should insist upon a survey.

A survey provides a detailed measurement and map of a property, which is essential for identifying possible encroachments on the land. It outlines the boundaries and any structures that may cross those boundaries, thus safeguarding the buyer's interests.

A) a plat.

A plat is a map that shows the divisions of a piece of land and is useful for planning and zoning purposes. However, it does not provide the detailed measurements necessary to identify encroachments, making it less effective than a survey in this context.

B) a survey.

A survey is the most effective tool for identifying encroachments, as it provides precise measurements of property lines and any structures that may infringe upon those lines. It ensures that the buyer is fully aware of the property's boundaries and any potential issues.

C) title insurance.

While title insurance protects against defects in the title and claims against the property, it does not physically identify encroachments. Title insurance is more about safeguarding ownership rights rather than determining the actual boundaries and structures on the land.

D) a special warranty deed.

A special warranty deed provides limited guarantees about the property's title but does not address physical encroachments. It protects the buyer against claims arising from the seller's ownership period but does not measure or define property boundaries.

Conclusion

A survey is the definitive method for identifying possible encroachments, as it provides detailed information about property boundaries and any structures that may infringe upon them. Other options, such as a plat, title insurance, and a special warranty deed, do not offer the same level of clarity and protection regarding encroachments, making them less suitable for this purpose.