MORTGAGE SURVEY PLANS

Most homeowners are required by their financial institution, or bank, to pay for the preparation of a Mortgage Survey Plan as part of the loan application. The cost of this can vary from $ 200.00 to

$ 1,000.+

The purpose is to place, or locate the home ( the improvment) ,on the plan of land and show the deminsions of the lot lines, size of lot , zoning district(s) and street or access.

This type of survey may help the bank but it can, and often does, blindside the homeowner-buyer.

What is important about a Mortgage Survey plan is what it DOES NOT CONTAIN.

That is the local, municipal set-back zoning requirements and the location of easements and rights-of-way.

Every community has what is known as zoning by-law set-back requirements which regulate the distance from front, sides and rear lot lines. In this envelope of space there are suppose to be no improvments, or enchroachments, such as decks, pools. shed and in-ground or above-ground pools. Tress, and landscapping are ok.

The length of distance of set-backs differ from community to community.

Many homeowners, after purchaning their home, may wait weeks, months or even years ,before proceeding with adding a deck, garage, or pool only to discover, long after the sale, that the zoning set back by-laws prohits such new imporvement or addition unless with a Special Permit or Variance.

Some homeowners, not knowing about zoning set-back requirements, simply place sheds, decks and sections of pools ,in a set-back area, totally unaware they are creating a zoning violation.

Who cares? Well the local municipal building inspector or code enforcment officer will care. They are required to notify any homeowner if they discover any such infraction, or are informed by an irate neighbor, and to remove the encorachment or obtain a permit.

The mu iciplal permitting process is often times costly and time consuming. It isn't always an automatic approval. Ignorance of the zoning by-laws is no excuse.

The due dilligence is up to the buyer as in " Buyer Beware!"

Unfortunatley, today, many real estate agents are untrained and uneducated relative to municipal zoning. Many simple don't care. Many real estate offices don't evenhave a copy of the local zoning by-laws!

In turn, either by not-knowing, or not-caring, they do not inform sellers if there are any pre-existing zoning set-back issues or encroachments, nor do they inform the potential buyers.

I's a sad. and tragic, state of real estate profesional standards. So, what else is new!

And the bank or lawyer for the bank, generally doesn't give a hoot. The buyer can retain his own lawyer or civil engineer.

Please proceed with caution. Next time you may be required to pay for a Mortgage Suvey Plan make sure it contains the set-back requirements and placement of any possible easements or rights of way. It may cost your extra but it's woth every cent.

( You can always obtain the most recent copy of the local zoning by law, read the requirments, and tape or measure the property. If you have any questions ask the local building inspector.)

Easements and rights-of way are another matter. Over-head easements such as electrical power and telephone lines are readily visable It's the sub-surface easements that tend to cause the most problems: underground municipal water and sewer lines or gas lines. These are sometimes overloooked in a cursury title exam.

Hope that this helps

Bill McInerney

PS. I sit on a municipal Board of Adjustment( Appeals) and too often we seen cases like these.And out Board is not alone!