Clear up any questionable boundary issues.The purchase contract from the Hawai‘i Association of Realtors addresses staking and survey in clauses C-41 and C-42. In other states, staking and surveying are not addressed in the contract, nor is it expected to be completed as a condition of the sale.
Staking or surveying can clear up any questionable boundary issues. Surveys are usually paid for by the sellers according to the purchase contract, and are completed just a few weeks prior to closing.
When purchasing a home in a newer subdivision a survey or staking may not be necessary. Also, if the property was just staked or surveyed in the past few years with no changes, a survey may not be required. This is decided between the buyer and the seller—but sometimes lenders will require it as well.
When buying raw land, property or large acreage in the country, surveys are definitely recommended. Surveys are also recommended when properties have not been sold in years.
There was a sale in Kula in which neighbor “A” had built a nice sturdy fence on what he and neighbor “B” thought was the property line. When neighbor “B” sold after 20 years of ownership, the survey found that neighbor “A’s” sturdy fence was encroaching on his property. Once an encroachment is found, there are a variety of resolutions. In this instance, an encroachment agreement was made between the two neighbors and the buyer accepted the agreement.
If you live next to a home for sale and there is some type of encroachment, be open to discussing solutions. When it comes to boundary issues, I see buyers, sellers and neighbors become fearful that something is being taken from them. Usually, an encroachment can be dealt with in a very easy and quick fashion.
In real estate, everything is negotiable.
Chris Bakeman, broker, has been a realtor since 1997, selling in both buyers’ and sellers’ markets. Now with her own company, she offers an affordable way to sell your home starting as low as $4,000 full service on the MLS. Contact Chris Bakeman Realty LLC at 283-6126 or www.chrisbakeman.com.