How to get title insurance to pay for land survey

[justalayman]

Thank you, I understand a bit more now. So not knowing where my dirt ends is not a 'cloud'. A cloud must be in writing or otherwise documented?

No, that is not a cloud. That is simply a lack of information. There is a described line that is wherever it is. Just because you don't know where it is doesn't mean it affects the title to your property. It just means you don't know where your property line is and that is not something title insurance will pay for a survey for.

 

[Airgunner]

No.
Now, if the neighbor has a deed and the description of his property overlaps with the description of the property on your deed, that is obviously a property line issue but it is also a title issue as both of you are claiming title to that piece of property that overlaps. That is what makes a title unmarketable.

Thank you, that'll work.

 

[justalayman]

great. Your welcome.

 

[nextwife]

further clarify: A cloud would be an adverse matter that impacts your rights to the LAND DESCRIBED IN YOUR LEGAL DESCRIPTION. Your issue is simply that you don't know where the lines defining the parcel identified as your legal description begin and end on the physical ground.

Title companies limit coverqage for survey matters UNLESS they are provided a current updated survey prior to closing and ased to review and remove survey exceptions.

 

[Ohiogal]

Then please make me understand.

As I see it: Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest.

Where does the property begin or end? I don't know and put a fence 6' on the neighbors property or gas and electric easement and problems arise. That is a title issue no?

No. That doesn't make the title unable to be transferred cleanly. The title spells out the property description including boundaries. Fences are on the property. NOT on the title. The title means the piece of paper that is necessary to be transferred cleanly with no other claims against it.