Buying or selling property is a major step. Most people expect the process to move smoothly once an offer is accepted. However, a survey can uncover issues that were not obvious before. When that happens, the closing may take longer while the parties work through the problem.
What is a survey discrepancy?
A property survey shows the location of boundary lines, buildings, fences and other improvements on a parcel of land. A survey discrepancy happens when the information does not match the property’s legal records or what the parties believed to be true.
For example, a survey may show that a fence extends onto a neighboring property or that a driveway crosses a property line. It may also reveal that the legal description in the deed differs from the property’s actual boundaries. Minnesota law requires a valid written conveyance to transfer real property. Identifying these issues early gives everyone a better understanding of what needs attention.
Why can a survey delay closing?
Parties often need to resolve a survey discrepancy before a transaction can move forward. Buyers, sellers and lenders may want clear property records before completing the sale.
Common reasons for delays include:
- Reviewing previous surveys and recorded documents to confirm property boundaries.
- Correcting errors in legal descriptions or other recorded records.
- Resolving disagreements about boundary lines or property access.
- Updating closing documents after the parties discover new survey information.
Minnesota’s recording law, including Minn. Stat. § 507.34, helps determine the priority of recorded interests in real property. Accurate records can reduce confusion during a transaction. Once the parties understand the issue, they can work toward a solution.
Preparing before closing
Reviewing survey documents early can help identify concerns before the closing date. Buyers should compare the survey with the property’s visible features and legal description. Sellers can help by providing existing surveys and sharing any known boundary concerns. Taking these steps early may reduce unnecessary delays later in the process.
Property transactions often involve more than signing paperwork. Small differences between a survey and property records can affect the timeline, even when everyone intends to complete the sale. Buyers and sellers who plan for them in advance are better positioned to keep the transaction on schedule, as these issues often surface late in the process.