A Survey Affidavit serves as a legally binding declaration from the property owner, affirming that there have been no significant changes to the property lines or physical improvements that affect boundaries since the previous survey. This affidavit helps expedite real estate transactions by allowing the use of a prior, valid survey instead of commissioning a costly and time-consuming new one.
Why Use a Survey Affidavit?
Lenders and title insurance companies require accurate information about property boundaries to protect their interests during property sales or refinances. A new survey can cost from $400 to over $2,000 and may delay the closing process by days or weeks.
By signing a Survey Affidavit, sellers swear under oath that no changes such as new fences, additions, or driveways have altered the boundary lines since the last survey. This affidavit enables title companies to remove the “survey exception” from the title insurance policy, providing buyers and lenders with assurance and often reducing both cost and waiting time.
How the Survey Affidavit Process Works
- Request: The title company or closing attorney reviews the existing survey and may request a Survey Affidavit if the survey is recent and reliable.
- Review: The seller examines the affidavit, which outlines the sworn statements regarding changes to the property.
- Signature and Notarization: The seller signs the affidavit in front of a notary public, making it a formal sworn statement. Providing false information can lead to legal penalties for perjury.
- Acceptance: The notarized affidavit is submitted to the title company, which uses it to confirm the validity of the existing survey and proceed with closing.
Key Elements in a Survey Affidavit
Typically, the affidavit includes:
- Legal description of the property (address, parcel number)
- Sellers’ full legal names
- Reference to the previous survey, including date and surveyor
- A sworn declaration confirming no alterations to boundaries or improvements
- Notary acknowledgment certifying the oath and signature
Survey Affidavit vs. New Property Survey
| Feature | Survey Affidavit | New Property Survey |
|---|---|---|
| Cost | Minimal notary fee or free | $400 to $2,000+ |
| Time | Immediate | Days to weeks |
| Purpose | Confirms accuracy of an old survey | Creates a new, updated boundary map |
| When to Use | No changes since last survey | Changes made or old/nonexistent survey |
Important Tips for Sellers
- Always review the affidavit carefully and ensure all statements are true.
- Disclose any property changes, including fences, sheds, patios, or other improvements.
- When uncertain whether a change affects boundaries, discuss it with your title company or attorney to avoid future disputes.
FAQs
Q1. What if I accidentally sign an affidavit with incorrect information?
You could face legal liability and financial responsibility for damages if a boundary dispute arises. It’s crucial to be honest and accurate.
Q2. Is a Survey Affidavit required for refinancing?
Often, yes. Lenders use it to verify that the property boundaries remain unchanged to protect their investment.
Q3. Are Survey Affidavits mandatory everywhere?
No, requirements vary by state and locality. Your real estate professional will guide you based on local practices.
For more on understanding property identification, visit our glossary entry on Parcel Identification Number (PIN).
For official guidance on property surveys, see the IRS page on Property Surveys.