Land surveys are essential tools in real estate transactions. They help determine property boundaries, locate structures, and identify encroachments or easements. Understanding the differences in how land surveys are handled in Indiana and Illinois is of massive import to both buyers and sellers. One of the key points that we continue to highlight through these blogs is that there is a stark difference between Illinois and Indiana. As you will soon read, the laws in Indiana open the door for buyers to forego land surveys because they are forced to pay for them. The value of these far outweighs their cost, and we want all buyers to consider this for taking on unnecessary risk—especially as it pertains to one of the most significant investments they will make.
Land Surveys in Illinois
The standard form contract in Illinois typically requires the seller to provide a survey no older than six months. This benefits the buyer by clearly understanding the property lines and existing issues. Knowing the exact boundaries is essential for various reasons, such as obtaining permits for renovations or new constructions. With a recent survey, buyers might avoid delays or additional costs in getting the necessary approvals.
Moreover, having an up-to-date survey influences the type of title insurance a buyer receives. Title insurance protects against many things including claims of ownership from others, but the coverage can only be comprehensive if a current survey is available. Thus, in Illinois, the requirement for a recent survey provides clarity and ensures better protection for the buyer. Now, take everything we have just said and imagine going through a transaction without a survey telling you exactly what you are buying. This is an issue that many people willingly walk into when purchasing real property in Indiana.
Land Surveys in Indiana
In Indiana, the approach is different. Because Indiana utilizes a standard form contract that does not make paying for a survey a seller obligation, the Indiana buyer can choose whether they want a survey, and if so, they must pay for it. The cost of these surveys is dependent on what you are buying. On average, this cost can be between $200-$800. Understandably, there are significant costs associated with purchasing a home, and people want to limit that. However, we strongly encourage people to have a survey. Why? It’s akin to buying a car without a warranty—and not even knowing how many miles are on the car.
Foregoing a land survey can expose a significant amount of risk in the future. Obtaining permits for construction or renovations might be more challenging without a clear understanding of the property lines. With a current survey, the buyer may know the true extent of what they buy. This is why we said it’s like buying a car without knowing how many miles it has. You simply aren’t aware of what you are buying. This can cause disputes with neighbors or issues with local authorities. Lastly, title insurance coverage might be less comprehensive if there is no recent survey, possibly leaving the buyer more vulnerable to future claims against the property.
Choosing to get a survey in Indiana is an intelligent decision for buyers. It provides the necessary information to avoid these potential problems and ensures that they clearly understand their property.
Choose to Work with A Real Estate Attorney
Understanding the differences in survey requirements between Indiana and Illinois helps buyers and sellers make informed decisions. In Illinois, the seller is responsible for providing a recent survey, which benefits the buyer by offering clear property boundaries and better title insurance coverage. In Indiana, buyers need to decide if they want to pay for a survey, which can provide essential information but adds to the overall cost of the purchase. As we have noted above, we propose that the cost is less than the value and protections you’re getting in return.
If you are buying or selling property in Indiana or Illinois, consider scheduling a consultation with our office. We can help guide you through the process and ensure you have all the information you need to make the best decision for your real estate transaction. Contact us today to schedule your free consultation.
Auricchio Law Offices
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