Buying or selling real estate involves more than reviewing the property itself. Before ownership transfers, buyers and sellers may need to understand both the legal records affecting the property and its physical boundaries. A title commitment and property survey provide different information, and reviewing both can help identify questions before closing.
For buyers preparing for a St. Petersburg real estate closing, understanding these documents can be especially useful when purchasing an older home, waterfront property, condominium, or investment property. A St. Petersburg real estate attorney may assist with reviewing legal documents and explaining questions that arise during the transaction.
Title and survey reviews are not intended to suggest that every transaction has a problem. Instead, they provide opportunities to better understand the property before the residential real estate closing takes place.
A title review and a survey examine different aspects of a property. The title search focuses primarily on legal ownership and recorded interests, while a survey focuses on the physical characteristics and boundaries of the property.
| Title Review | Property Survey |
| Ownership history | Property boundaries |
| Liens and judgments | Fences and structures |
| Easements | Driveways |
| Restrictions | Encroachments |
| Recorded documents | Physical improvements |
| Other interests affecting title | Certain visible access or utility features |
A title commitment generally identifies matters that must be addressed before title insurance can be issued. A property survey Florida buyers obtain may provide information about boundary lines, improvements, and other physical features.
Together, these documents can give buyers a more complete understanding of what they are purchasing.
Title issues Florida buyers encounter can include existing mortgages, judgments, liens, easements, restrictive covenants, probate-related ownership questions, and recording errors.
For example, a previous mortgage may appear in the public records even though the seller believes it was already paid. A recorded easement may give another party certain rights affecting the property. Older ownership records may also require additional review.
Discovering a title issue does not necessarily mean a transaction cannot close. Depending on the circumstances, the title company, seller, attorneys, or other parties may be able to address the issue before closing.
A title review may also identify questions about who has authority to convey the property. Resolving those questions before the closing date can provide more time to obtain necessary documentation or clarification.
A survey can show physical features that may not be obvious during a property showing. These may include boundary locations, fences, building setbacks, driveways, structures, easements, access points, and certain utility features.
A survey may also identify survey issues such as an improvement extending across a property line. This could involve a fence, shed, driveway, pool equipment, retaining wall, or another structure.
A survey does not necessarily resolve every question about ownership or legal rights. Instead, it provides important physical information that can be considered alongside the title records.
For buyers, this can be particularly relevant when the property has extensive improvements or when its boundaries are not readily apparent.
An easement generally gives someone other than the property owner a defined right to use or access part of a property for a particular purpose. Common examples include utility easements, drainage easements, access easements, and shared driveway easements.
An easement does not necessarily prevent a property owner from using or selling the property. The important question is how the particular easement affects the property and the owner’s intended use.
For example, an easement may limit where certain improvements can be placed or provide a neighboring property with access across part of the land. Buyers may wish to review recorded easements before closing so they understand the rights and restrictions affecting the property.
An encroachment occurs when an improvement or structure extends beyond the property boundary onto another property or into an area where it may not belong.
Common examples can include:
Encroachments vary significantly. Some may be addressed through agreements, corrections, surveys, title matters, or other documentation depending on the circumstances. Buyers should understand any identified encroachment and how it may affect the transaction before closing.
St. Petersburg includes established neighborhoods with properties that may have changed ownership several times over many years. Older properties can have historical documents, longstanding improvements, easements, or surveys that require careful review.
A property may have been modified since an earlier survey was completed. Fences, additions, driveways, pools, and other improvements may not appear exactly as expected in older records.
This does not mean older properties necessarily present title or survey problems. It simply means buyers may benefit from understanding the available records and determining whether additional documentation is appropriate for the particular transaction.
St. Petersburg’s location on Tampa Bay and surrounding waterways means some buyers are purchasing waterfront homes or properties with access to canals and other waterways.
Depending on the property, buyers may encounter questions involving riparian rights, dock rights, seawalls, canal access, waterfront easements, flood zones, or shoreline improvements.
A survey may help show certain physical features, while recorded documents and applicable laws may be relevant to questions about access or other property rights.
Buyers considering waterfront property may also wish to review related information about waterfront property transactions in Florida, including the legal considerations surrounding docks, seawalls, easements, and flood zones.
Condominium ownership differs from ownership of a detached home. In addition to the individual unit, condominium buyers may have interests and responsibilities involving common elements and limited common elements.
Depending on the condominium, buyers may need to understand:
The governing documents may also establish rules concerning alterations, maintenance, use, and other aspects of ownership.
Understanding these documents alongside the purchase contract and title information can help buyers better understand what is included with the condominium.
Title insurance is designed to provide coverage for certain covered title risks under the applicable policy. During the closing process, the title commitment identifies requirements and exceptions that are relevant to issuing the policy.
An owner’s policy and a lender’s policy serve different purposes. A lender may require a lender’s title insurance policy as part of the financing process, while an owner may choose to obtain an owner’s policy.
Title insurance is one part of the broader title review and closing process. Buyers interested in understanding the subject in greater detail can also review Berlin Patten Ebling’s resource, Understanding Title Insurance in Sarasota Real Estate Transactions.
Before signing, buyers should review the documents prepared for closing and compare them with the terms they previously agreed to.
Depending on the transaction, these documents may include:
If something appears inconsistent with the purchase agreement, financing arrangements, or prior expectations, buyers may wish to ask questions before signing.
A Florida closing attorney may assist with reviewing or explaining documents depending on the circumstances. The goal is to understand what is being signed and how the documents relate to the transaction.
Questions about title commitments, surveys, or closing documents can often be addressed before closing. Berlin Patten Ebling assists buyers and sellers with residential real estate transactions throughout Florida.
A St. Petersburg real estate attorney may assist with several aspects of a transaction depending on the circumstances. This can include reviewing the purchase contract, title commitment, survey, recorded documents, easements, and closing paperwork.
Legal counsel may also help explain questions regarding ownership or assist with communications between buyers, sellers, title companies, lenders, and other parties.
Some buyers and sellers choose to obtain legal guidance when a transaction involves unusual title records, survey questions, waterfront property, complex ownership arrangements, or other issues requiring additional review.
Legal representation is not necessarily the same for every transaction. The appropriate approach depends on the property, contract, parties, and circumstances involved.
Title reviews and surveys provide different but complementary information during a real estate transaction. A title review focuses on legal ownership and recorded interests, while a survey provides information about physical boundaries and improvements.
For buyers preparing for a St. Petersburg real estate closing, reviewing both may help identify questions about easements, encroachments, boundaries, ownership, or other matters before ownership transfers. These issues do not necessarily prevent a transaction from closing, and many can be addressed depending on the circumstances.
If you have questions about a residential real estate transaction in St. Petersburg or elsewhere in Florida, Berlin Patten Ebling is available to discuss your circumstances and provide information regarding legal services related to Florida real estate matters.
This article is provided for general informational purposes only and is not legal advice.
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