Q. At our settlement recently, a lawyer charged us $215 for a survey. When we questioned this charge, we were told it was a lender's requirement and we could do nothing about it. Just what is a survey?

A: I hope the lawyer at least gave you a copy of the survey and fully explained it to you. I also hope that you were not buying into a condominium or a cooperative, and that this was a purchase – not a refinance.

It is important to distinguish between a survey and an appraisal -- both of which are usually expenses charged to the buyer at settlement. An appraisal assists the mortgage lender in assessing the value of the house to determine whether a mortgage should be made and in what amount. Generally, the appraisal will analyze the condition of the house, its location, structural soundness and comparable sales in the area.

A survey, on the other hand, goes to the question of the marketability of the house. The surveyor determines whether the house is within the property borders, whether there are any encroachments on the property by neighbors and the extent to which any easements on the property may affect legal title.

Lenders in the Washington area always insist on obtaining a clear "lender's" title insurance policy covering the face value of the mortgage. Title companies will issue an exception to title unless a survey has been ordered, and thus surveys are usually required.

My own belief is that everyone buying a house should obtain a survey whether or not the lender requires it. It is a good idea to learn, for example, where your property lines are, and whether there are any building restrictions affecting your right to add a porch or a fence. It is also important to know whether any portion of your neighbor’s property – such as a fence – is actually on your property.

Here are some suggestions involving the survey process.

First, survey prices vary considerably. I've seen them as low as $150 and as high as $300, for the same single-family house. Ask your settlement attorney for an estimate. If it seems too high, arrange for your own survey and make sure a copy of the survey gets to your lender well in advance of settlement. It must be done by a qualified, licensed surveyor.

Next, ask your sellers who did their survey when they purchased the property. Unfortunately, most lenders will not honor a survey if it is more than six months old. But inquire from the prior surveyor whether the old survey can be updated and whether this will save you some money. Some of the more reputable surveyors are happy to get your business and will give you a break in the price.

Additionally, if you are refinancing your existing home, most lenders and title insurance companies are willing to accept a survey affidavit instead of a new survey. You will have to sign an affidavit that no improvements have been made to the property since you originally purchased it. These affidavits are available from the settlement attorney at a minimum cost.

You should also visit the Official Surveyor in the government land records office where your property is located. They are quite helpful and may be able to assist you with boundary questions, easement issues and such.

If you are buying a condominium unit, you will not have to obtain -- or pay for -- a separate survey of your unit. That survey has already been done as part of the plans which were recorded with the condominium documents.

You should also understand that most surveys will not include staking your property corners. If you want stakes posted, it will cost you additional dollars. You should make the necessary arrangements for stakes at the time you – or your settlement attorney -- order the survey.

Finally, the typical surveys used at settlements are called “house location surveys”. Some Title Insurance Companies will not provide owner’s coverage for this kind of survey, should a problem arise in the future. These insurance companies take the position that such a survey is not adequate, since it does not clearly depict the actual boundary lines of the property. You should inquire of your settlement attorney whether the survey you receive will suffice for title insurance purposes.

And don't forget to get a copy of the survey from your settlement attorney. It will come in handy in the future, whether you refinance or plan to build an addition in your back yard.

Published: May 5, 2003

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Author of the weekly Housing Counsel column with The Washington Post for nearly 30 years, Benny Kass is the senior partner with the Washington, DC law firm of Kass, Mitek & Kass, PLLC and a specialist in such real estate legal areas as commercial and residential financing, closings, foreclosures and workouts. Mr. Kass is a Charter Member of the College of Community Association Attorneys, and has written extensively about community association issues. In addition, he is a life member of the National Conference of Commissioners on Uniform State Laws. In this capacity, he has been involved in the development of almost all of the Commission’s real estate laws, including the Uniform Common Interest Ownership Act which has been adopted in many states.