Legal Question in Real Estate Law in Illinois
Plat of Survey
I closed on newly built home just seven months ago. The plat of survey for my property shows as incorrect as far as two sewers that are shown to mark the property line at either side of my back yard. There are no X's showing the property line, only sewers. The builder insists there are X's on their copies of my survey but will not prove that to me. The footage of my yard does not jive with the placement of the sewers, the builder says the sewers were installed differently as shown in the survey. If going by the footage, I have almost six feet less as to what the survey shows to someone looking at it going by structures. I have asked the builder to get me a corrected survey at their cost and they refuse. Are they obligated? Shouldn't structures such as a sewer show exact?
2 Answers from Attorneys
Re: Plat of Survey
If your plat of survey has been done by a registered land surveyor, the property lines should be clearly delineated. However, any claim against the builder for other than for a breach of an express or implied warranty, merged with the delivery of the deed. I would advise you to obtain a new plat of survey from a registered land surveyor. This cost is minimal. If the new plat shows that your lot is six feet less than what was represented, this would constitute a breach of an implied warranty that the property your purchased consisted of so many square feet. In any event, you should obtain a new survey to verify if your suspicions are correct. If they are correct, you will have a cause of action against the builder and against the individual preparing the original plat.
Re: Plat of Survey
You may have severe title problems. And I bet that you didn't have legal representation at your closing, either. And, there is a fair chance that everyone else in your subdivision may have errors in their surveys/legal descriptions as well.
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