Illinois Property Survey Laws: What Homeowners and Buyers Need to Know
In Illinois, property surveys play a crucial role in real estate transactions and property management. Understanding property survey laws can help you avoid costly legal battles and protect your investment. This article will guide you through the essential aspects of Illinois property survey laws, including when surveys are required, their legal implications, and how to choose a licensed surveyor.
Understanding Property Surveys in Illinois
A property survey is a detailed map of a parcel of land that shows its boundaries, dimensions, and features. In Illinois, several types of surveys are common:
Boundary Surveys: These surveys determine and map the legal boundaries of a property. They're crucial for establishing property lines, resolving boundary disputes, and identifying encroachments. Sellers are required to provide a staked boundary survey for the sale of their non-condominium, residential properties in Illinois when the Multi-Board Residential Real Estate Contract is utilized.
ALTA/NSPS Land Title Surveys: These are comprehensive surveys that meet the specific requirements set by the American Land Title Association and the National Society of Professional Surveyors. They're often required for commercial real estate transactions and provide detailed information about property boundaries, improvements, easements, and other elements affecting title.
Topographic Surveys: These surveys map the elevation contours of land, showing both natural and man-made features. They're essential for construction planning, drainage studies, and landscape design.
Construction Surveys: Used before and during construction projects, these surveys help in accurately placing new structures, ensuring they comply with building plans and local zoning laws.
These surveys are essential in real estate transactions, helping to establish property lines, identify encroachments, and ensure compliance with local zoning laws. Each type serves a specific purpose and may be required in different situations throughout the property ownership lifecycle.
When Are Property Surveys Required in Illinois?
While Illinois law doesn't always mandate property surveys, several situations often necessitate them:
New Construction Requirements: When building a new structure, local municipalities typically require a survey to ensure compliance with zoning regulations and setback requirements.
Subdivision of Land: The Illinois Plat Act requires a survey when dividing a parcel of land into smaller lots.
Multi-Board Residential Real Estate Contract 7.0: The current standard Illinois residential contract requires the seller to provide a staked boundary survey for non-condominium, residential property transfers.
Boundary Dispute Situations: In cases of property line disputes, a survey is often necessary to provide legal evidence of boundary locations.
Mortgage Lender Requirements: Many mortgage lenders in Illinois require a current survey before approving a loan to protect their investment.
Title Company Requirements for Owner’s Title Policies - Title companies often require a recent survey to issue an owner's title insurance policy, which protects against potential property disputes.
Creation of Easements: When parties want to create an easement on a property, a survey is typically necessary to accurately define the easement's location and dimensions.
Legal Implications of Property Surveys in Illinois
Property surveys have significant legal implications in Illinois:
How Surveys Affect Property Rights
Surveys establish the legal boundaries of a property, directly impacting an owner's rights and responsibilities.
Role of Surveys in Boundary Disputes
In boundary disputes, a professional survey can serve as crucial evidence in court proceedings.
Surveys as Evidence in Legal Proceedings
Illinois courts generally give considerable weight to properly conducted surveys in property-related cases.
Statute of Limitations for Survey-Related Issues
In Illinois, there's typically a 10-year statute of limitations for bringing legal action related to survey errors or boundary disputes.
Importance of Surveys in Easement Creation and Documentation
Surveys are essential when creating easements, providing precise locations and dimensions that can prevent future disputes.
Choosing a Licensed Illinois Land Surveyor
Selecting a qualified surveyor is crucial for ensuring accurate and legally compliant surveys.
Requirements for Land Surveyors in Illinois
Illinois land surveyors must be licensed by the Illinois Department of Financial and Professional Regulation.
How to Verify a Surveyor's Credentials
You can verify a surveyor's license status on the IDFPR website.
Questions to Ask When Hiring a Surveyor
When hiring a surveyor, consider asking:
How long have you been licensed in Illinois?
Are you familiar with local zoning laws and regulations?
Can you provide references from recent clients?
When is the latest date I will receive the survey?
Typical Costs of Property Surveys in Illinois
Survey costs in Illinois can range from $300 to $1,000 or more, depending on the property size and survey complexity.
Conclusion
Understanding Illinois property survey laws is crucial for homeowners and buyers alike. Proper surveys can prevent disputes, ensure compliance with local regulations, and protect your property rights. While not always legally required, surveys are often necessary for real estate transactions, mortgage approvals, and title insurance policies. If you're dealing with property matters in Illinois, it's wise to review your property documentation and consult with a real estate attorney for guidance on your specific situation. Don't hesitate to reach out if you need assistance navigating the complexities of Illinois property laws.
