Littleton, CO asked in Real Estate Law for Colorado

Q: When purchasing a lot in a platted rural subdiv is an Improvement Location Cert. ok, or should require Land Plat Survey

Contract for vacant building lot specified a Land Plat Survey and seller provided a Improvement Location Certificate. The ILC specifically says it is only for Title co. and is not to be relied on for establishment of fence, building or other future improvement lines. Spoke with Surveyor who contends an ILC is all title company requires, which is accurate based on title commitment. However, since seller agreed to LPS in contract, I believe I can require that. Question is the value of the LPS vs ILC in defending property lines in future dispute? If it's not that valuable, I could request a price concession from seller in lieu of LPS. Trying to understand benefits/risks. Based on survey monuments in place there is no encroachment at present from existing home next door (other side is vacant lot).

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1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: Is a Land Plat Survey today valuable to defend encroachment claims in the future? Not likely.

Is a Land Plat Survey more valuable to a buyer than an ILC? Yes

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