Herndon, VA asked in Real Estate Law for Virginia

Q: yes, my point exactly, the person who originally asked the question wondered if only a subsection of a parcel could be..

surveyed as opposed to the whole parcel. assuming there is only one parcel and they are selling only part of it....as an engineer I would have to question the logic and mathematical feasibility of defining parameters of part of a whole without knowing the entire whole. as a realtor with a duty to protect my client I would recco a full survey... but what would a lawyer reccomend? this assumes the parcel is even subdividable in the first place.

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1 Lawyer Answer

A: Mathematically, and especially with respect to the technicalities of surveying, I'm pretty sure it would be technically possible depending on the precise circumstances (and particularly depending upon what prior surveys exist and upon what monuments can be found).

Legally, in many places, some sort of governmental approval would be required before the parent parcel is subdivided, of course.

And, of course, an attorney would recommend that all pertinent prior surveys be reviewed, including any of the parent parcel. Thus the discussion of the possibility of surveying the part without reference to any survey of the whole is academic only.

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