Advanced Survey Examination Issues
Probate and Property, September/October 2004, Volume 18, Number 5
By Richard F. Bales
Richard F. Bales is an assistant regional counsel in the Wheaton, Illinois, office of Chicago Title Insurance Company. This article and the accompanying illustrations are adapted from the book, Residential and Commercial Surveys in Illinois, by Richard F. Bales and Michael Filipski, published by the Illinois Institute for Continuing Legal Education (2004).
To a large degree, the process of examining surveys of commercial property is very similar to the examination of residential plats of survey. Is there a building line violation? If so, can it be endorsed over on the title insurance policy? If there is an encroachment on adjoining property, can it be endorsed over? Although an encroachment on the land in question cannot be endorsed over on an owner’s title insurance policy, will the parties sign an easement or license agreement? All these items have to be considered when reviewing the commercial survey.