Q: I just moved from Great Britain and I’m about to buy a “For Sale By Owner” house from a gent who suggested that we could save money by not having the property surveyed. I tend to agree because, after all, we both know the property is located at, let’s say, 1234 Del Prado Blvd. What do you think?

A: Proper contracts require that the property in question must be identified using a recognized uniform method. If the land is incorrectly or insufficiently described, our legal system will not recognize the transaction as binding. The standard test of legal description sufficiently is whether a surveyor can locate the property by referring to the description used.

There are four generally accepted methods of land description in the United States: Rectangular Survey, Metes and Bounds descriptions, Lot and Block Number descriptions and Monument descriptions. The most commonly found descriptions in Cape Coral and Fort Myers are Lot and Block and Metes and Bounds. All descriptions, however, have their roots in a government rectangular survey.

The government rectangular survey method divides the land into squares called townships that are 6 miles on a side. Several sets of named and numbered principal meridians and base lines have been established throughout the United States. Each township is identified by its distance from a base line and principal meridian. All townships are divided into one mile squares called sections.

Metes and bounds descriptions indicate how to locate the corners of a tract. Knowing the corners locates the sides. The pont of beginning could, for example, be the intersection of two public streets. From that point, the surveyor proceeds a certain distance in a certain direction. By following the description he can arrive only at the specific points are the corners of the lot. Metes and bounds descriptions usually begin with a recital stating in which township the decribed property can be found.

A plat is a map of the manner in which land is divided into lots. Lot and block number descriptions are common in urban areas where plats of subdivisions must be recorded. If the plat is a metter of public record, it is sufficient to refer to it for the legal description of the property.

It is not uncommon for disputes to occur years after property has changed hands. This might be avoided if the land is properly surveyed before a sale.

A Boundary Survey will locate fixed improvements on the land being surveyed as well as any neighboring improvements which might encroach onto the land being surveyed.

The survey would also show any easements or other matters derived from the subdivision plat if there is one. If there are other easements shown in the title insurance committment given to the buyer, then the buyer could ask for these to also be located and plotted on the survey.

Even in older subdivisions, such as Cape Coral, it is not unheard of to have a survey reveal problems such as: The niehgbor’s pool is built on the property being purchased; the neighbor’s side fence line runs three feet onto and along the whole length of the property being purchased; or the homesite you thought you were buying is not for sale because it turns out that the “for sal” sign was placed on the wrong vacant lot.

Obtaining a current survey certified to you, the buyer, is definitely worth the expense. Also, if the survey is further certified to the title insurance company and the title insurance agent, your title policy coverage can be expanded to include coverage for matters which would be disclosed by an accurate survey meeting the required specifications for surveys. This additional insurance coverage will take the financial burden off of an owner in the event a problem is late discovered.

Attorney Sylvia Heldreth is a Certified Specialist in Real Estate Law. Her office is located at 1215 Miramar Street in Cape Coral.

This article is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.