What type of survey, if any, does CONNOLLY BOVE LODGE & HUTZ LLP suggest that a purchaser obtain in a residential closing?
There is no easy answer to this question. It depends upon the client, the intended use of the property and how secure the client wants to be in the knowledge of the extent of his or her property. The usual “survey”, i.e., mortgage inspection plan, will not include corner markers and is being performed as a requirement of the title insurance company and the mortgagee to make certain that the property description, i.e., the metes and bounds of the land, is accurate and that the improvements of the land comply with zoning and set back restriction requirements. Sometimes even though the mortgage commitment does not require a survey, the closing lawyer must order one to eliminate certain exceptions on the commitment for Title Insurance. Because it does not provide corner markers, a survey is not binding to establish property boundaries or building location. No title insurance company in Delaware will remove the “survey exception” from its coverage without a recent survey and an “Affidavit o
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