Does Florida Require a Survey Before Closing?

Sometimes, but not always. Florida does not require every buyer to order a new survey before closing. A survey may still be needed because of the lender, title company, purchase contract, or property.

An old, missing, or defective survey may cause a title exception, extra review, corrective work, or a closing delay. It does not automatically mean the loan will be denied.

Ask about the survey early. This gives the title company, lender, seller, and surveyor time to review and fix problems.

Who decides if you need a survey?

There is no single rule for every Florida purchase. The title company decides what it needs to issue title coverage. The lender decides whether the title result meets its loan rules.

Your contract may also say who pays for a survey.

Ask the title company whether the title commitment has a survey exception. Ask the lender what title coverage the loan needs. If an old survey exists, send it to the title company before assuming it will work.

What does a boundary survey show?

A boundary survey is a map prepared by a licensed surveyor. It helps show property lines and visible improvements. These may include a home, garage, pool, fence, driveway, wall, or shed.

Florida boundary-survey standards also address record boundaries, visible boundary evidence, apparent use of nearby property, and water boundaries. A survey is not a title search. A title search reviews public records for ownership, liens, easements, and other recorded rights.

You may need both. The survey shows conditions on the ground. The title work shows recorded rights and claims.

Why the title commitment matters

Title insurance has exceptions. An exception is an item the policy does not cover.

Florida Statutes Section 627.7842 says a qualifying survey completed within 90 days before closing may limit certain survey-related exceptions to matters shown on the survey. The survey must meet Florida standards and be certified to the title insurer by a registered Florida surveyor.

This rule does not remove every exception. The title insurer may still list a specific issue shown on the survey. It may also list an exception when it knows facts that require one and discloses those facts to the proposed insured.

For loans sold to Fannie Mae, unacceptable title impediments include survey exceptions. If surveys are not common in an area, Fannie Mae says the lender may need an ALTA 9 endorsement. This is a Fannie Mae selling-guide rule, not a universal requirement for every loan or buyer.

Read the exact survey exception in your title commitment. For help, see How to Review a Florida Title Commitment Before Closing.

Can you use an old survey?

Possibly. Florida does not set one universal age limit for every prior survey. The title insurer, lender, surveyor, and transaction facts control.

An old survey may be less useful if the property changed. Examples include a new fence, pool, shed, driveway, dock, seawall, or addition. It may also be a problem if the legal description is wrong, the survey is hard to read, or the title company cannot rely on its certification.

One Florida title insurer's 2015 bulletin allows some prior residential surveys of any age. Its conditions include certification to the current owner and an affidavit saying that no improvements were made to the property or adjoining property. That bulletin describes one company's practice.

It is not a rule for every title insurer or lender.

Survey findings that may affect closing

Encroachments

An encroachment occurs when an improvement crosses a property line or easement area. Examples include a fence, roof overhang, driveway, pool deck, or building.

A removable fence may be a minor issue in some conventional transactions. A building, driveway, or pool may need more review. The title company may add an exception.

The lender may then review whether the title coverage is acceptable.

Easements and shared driveways

An easement gives someone a legal right to use part of the land. A driveway easement may give a neighbor access over a shared drive.

Fannie Mae lists some mutual driveway easements as acceptable when future owners have unlimited and unrestricted use. The recorded documents and property facts still matter.

For more detail, see Florida Mortgage on a Private Road or Shared Driveway.

Older plats, irregular parcels, and waterfront lots

Older plats may not match a fence, wall, hedge, or long-time use. Irregular parcels may use a metes-and-bounds description instead of a simple lot-and-block description.

Waterfront boundaries may involve the top of bank, edge of water, mean high water line, or ordinary high water line. A recent dock, seawall, pool, fence, shed, or addition may also make an older survey outdated.

These issues can matter in St. Petersburg and Pinellas County. They are not proof that a loan will fail.

They are reasons to start the review early.

How a survey problem can delay closing

1. The survey shows a concern. It may show an encroachment, unclear boundary, missing access, or an improvement in an easement.
2. The title company reviews the commitment. It may add an exception or request more documents.
3. The lender reviews the title result. The lender checks whether the title coverage meets the loan rules.
4. The parties choose a solution. Options may include a new survey, corrected survey, seller repair, recorded agreement, easement document, or acceptable exception.
5. Closing continues when the needed conditions are met. The result depends on the property, contract, title coverage, and underwriting.

Do not wait until the last week to ask about a survey. Survey work, title review, lender review, and seller negotiations can take time.

Questions to ask before closing

• Does the title commitment contain a survey exception?
• Can the title company review an old survey?
• Does the survey match the legal description?
• Does it show fences, pools, sheds, driveways, walls, and additions?
• Are there shared drives, waterfront features, or recent improvements?
• What title coverage does the lender need?
• Who pays for a new survey under the purchase contract?

Survey, inspection, and appraisal are different

A survey shows boundaries and some visible land conditions. An inspection reviews the home's condition. An appraisal estimates value for the loan.

One does not replace the others. See Florida Home Inspection vs. Mortgage Appraisal Before Closing.

Frequently asked questions

Will a fence over the property line stop my mortgage?

Not always. The title company and lender must review the location, size, use, and title coverage. The issue may lead to an exception, agreement, repair, or new survey.

Can a survey find an unrecorded easement?

A survey may show visible use, such as a path or driveway. It does not replace a title search. Recorded documents and legal review may be needed.

Does title insurance cover every survey problem?

No. Coverage depends on the policy and its exceptions. An owner's policy protects the buyer's interest.

A lender's policy protects the lender's interest. See Owner's vs. Lender's Title Insurance in Florida.

Sources

• Florida Statutes Section 627.7842
• Fannie Mae Selling Guide B7-2-05
• Florida Boundary Survey Standards, Rule 5J-17.052
• Florida Office of Insurance Regulation Title Insurance Resources
• Consumer Financial Protection Bureau Mortgage Closing Guide
• WFG Florida Bulletin on Prior Surveys This is secondary guidance from one title insurer. It is not a universal rule.

Compliance note: This article is for education only. Survey, title, loan-program, and contract terms vary. Ask your lender, title or settlement agent, surveyor, and attorney about your property. All loans are subject to underwriting and credit approval. This is not a commitment to lend.