How Do I Remove a Survey Exception on a Title Insurance Policy?
Full Question:
Answer:
Often, if the parties obtain a survey, the survey exception can be removed. The title policy guarantees that at the date the deed was filed for record placing title in the name of the insured, the title was free of defects apart from those "excepted to" in the policy. The policy does not guarantee an actual amount of land. It guarantees that there are no buildings or other improvements belonging to someone else located on the insured land when an acceptable survey is furnished to the title company. An additional premium is paid to amend the standard survey exception.
A survey is a detailed description of the underlying lands, depicting the applicable easements and setbacks. It is the closing agent’s job to review this survey to determine what exceptions to coverage need to be made. This exception is standard on any title commitment. This item takes exception to any matters (encroachments, setback violations, etc) that would have been shown on a survey of the property.
Whether or not the title company will commit will depend on the policies of the particular company involved. We suggest you consult a local attorney who can review all the facts and documents involved.
