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Dear Mr. Feichthaler:
I plan on buying a waterfront lot in Cape Coral to build our retirement home. We have cash from the sale of our home up north, do we need a survey?
-- Tyler W.
Dear Tyler:
One positive of having a pre-platted community is that the lots are designed to be sufficient for a single-family home. However, how the original lot was designed, and how it sits today, can be very different.
First, a neighboring homeowner could have mistakenly, or intentionally, encroached on the property that may not be clear on a visual inspection. Depending on what has crossed the property line, you could be in for a costly legal battle.
Also, some owners of lots may have attempted to divide or combine lands from the original plat that may now be non-conforming to allow for a home, pursuant to city code. In addition to the survey, I would recommend speaking to a builder you are considering to ensure the home you want will fit, and be legally allowed on the property.
If you do purchase the property without a survey, and it is later determined that the survey would have shown problems with the property, the title insurance policy that will be issued to you will not cover any claims relating to that problem. Yes, there is a cost associated with this, but your builder will require a survey for construction anyway. So, I recommend coordinating with your builder, and making the contract contingent upon a satisfactory review of the survey, either specifically, or through a general inspection period that will allow you to cancel if needed. Like many other service providers, there can be a backlog, so make sure you allow yourself enough time in the contract to have the survey completed as well as the review by your builder.
Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney .com, or 239-542-4733.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.