Understanding survey plan : What Every Buyer Should Know

How well do you understand the role of a survey document in real estate transactions?

A survey document is generally regarded as a vital document in real estate transactions. However, many people have expressed confusion over its exact roles.

Is it a land title? Does it validate ownership? How can one tell a genuine survey from a fake one? How vital is this document??

Today, we’ll delve into the fundamentals of the survey document and address these questions and more.

What is a survey document??

A survey document is accurately referred to as “A Survey plan”. As this implies, it is a document that measures the boundary of a parcel of land to give an accurate measurement and description of that land.

It is a detailed map that shows the boundaries, dimensions, and geographic details of a parcel of land. It is created by a licensed surveyor and includes precise measurements, descriptions, and often the geographic coordinates of the land.

It is an essential document in real estate transactions. No acquisition should be carried out without first accessing the survey document. Its relevance spans various aspects, which will be covered in this article. However, its major roles include:

- Establishing the Exact Location of the Land: The survey plan pinpoints the precise location of the property.

- Defining Boundaries and Dimensions: It clearly defines the property's boundaries and dimensions.

- Providing a Visual Representation of the Land’s Topography: The survey plan offers a detailed visual representation of the land’s topography.

Why is a Survey Plan relevant - Importance of Survey.

A survey plan is more than just a document; it's the cornerstone of land ownership, property transactions, and construction.

Here’s why it’s absolutely essential:

1. It Clearly Defines Land Boundaries: A survey plan precisely defines property boundaries and identifies the owner. It indicates what portion of the land legally belongs to the owner.

2. It Validates Other Title Documents:? The survey plan serves as a reference point for the specific area and location covered by other legal ownership documents like the deed of assignment.?

Without a survey plan, title documents like Deeds of Assignment are incomplete and may be rendered invalid.??

Furthermore, title documents, such as Certificates of Occupancy (C of O) and Governor's Consent, depend on the survey plan for accurate boundary alignment during processing.

3. It is a Prerequisite for Construction: It plays a pivotal role in construction as Architects and builders need a survey plan to design and construct buildings. It’s also crucial for obtaining building permits.

4. It Can Provide Legal Standing in Disputes: In land disputes or legal issues, a survey plan is a crucial piece of evidence. It provides accurate boundary information, helping to resolve conflicts.

5. It is a vital element of real estate transactions: it basically forms the core of due diligence in real estate transactions. It reveals the true identity of the property and its exact measurement and as such is needed for clarification before the rights to a land are transferred from one to the other.?

A survey plan is the anchor of land ownership, title documentation, and construction. Without it, you risk legal and logistical complications. If you’re involved in property transactions, land development, or ownership, a survey plan is a must-have.

Is Survey Plan a Land Title??

To fully grasp the concept, it's essential to distinguish between land titles and land documents.

• Land Titles: These are legal papers that officially show who owns the right to a certain parcel of land. A land title provides evidence of ownership and protects the rights of the property owner. It ensures that the owner has the exclusive right to use, sell, or transfer the property.
• Land Documents: On the other hand, these documents support a real estate transaction and include receipts, invoices, contracts of sale, surveys, deeds of assignment, and allocation letters. They are various legal instruments used to establish, transfer, and convey land or ownership rights in Nigeria. While a land title exclusively represents the ownership right of a land, land documents facilitate the processes surrounding these rights.

Judging by the above explanations, it is clear that a survey plan cannot be considered a land title. Although a survey document includes the name of the legitimate owner of the land, its primary role is to map out or indicate the boundaries of a property, not to prove ownership. Therefore, it cannot be referred to as a land title.

How to Identify a Genuine Survey Plan.

Unfortunately, people have fallen victim to fraudulent practices in the real estate market, even when a survey document is presented. In other words, it's not enough to have a survey document; you must ensure that what you’re getting is authentic and recognized.

This segment highlights the vital information that must be included in a survey document for it to be regarded as genuine:

Key Components of a Genuine Survey Document

To ensure the authenticity and reliability of a survey document in real estate transactions, it is crucial to verify the inclusion of the following key components:

1. Owner's Information: The survey plan typically includes the name(s) of the individual or company that owns the land. This information is usually inscribed at the top of the document.

2. Land Address: The survey plan provides the address or location details of the land.

3. Total Land Area: The document indicates the total area of the land, helping you understand its size.

4. True North Arrow: A vital element of the survey plan is the arrow pointing to the true north. This arrow serves as a reference for all orientations on the traverse lines between individual beacons on the survey.

5. Starting Point Coordinates: The survey plan includes the coordinates of the starting point of the survey, establishing a precise reference point.

6. Beacon Numbers: Each individual beacon on the land is numbered and identified. These numbers are granted to the surveyor by the Surveyors Council of Nigeria (SURCON) and indicate the boundary points of a landowner after the mandatory fee payment to the state body.

7. Traverse Lines: The survey plan outlines the distance and direction of each traverse line that runs around the boundary of the land, connecting the individual beacons. This helps to accurately define the land's boundaries.

8. Surveyor's Seal and SURCON Number: The document bears the seal of the surveyor, which includes the surveyor's SURCON number. This seal ensures the plan's authenticity and the professionalism of the surveyor.

9. Surveyor's Signature and Certification Date: The surveyor's signature and the date when the survey was certified as a true copy are included on the plan.

10. Scale of the Plan: The survey plan specifies the scale used for the representation, providing a measurement reference for the plan.

11. Survey plan file number: One of the most important components, the survey plan features a file number. This number is crucial in verifying whether a survey plan is original or not.

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Types of survey document

In regard to survey document as a prerequisite for real estate transactions, there are two major types; Registered & Provisional.

Provisional Survey

A provisional survey is a preliminary survey conducted to provide a rough estimate of the land's boundaries and features. It is often used in the early stages of land acquisition or development to understand the general layout of the land.

Registered Survey

A registered survey is a formal and legally recognized survey conducted by a licensed surveyor. This survey provides precise measurements and boundaries of the land and is registered with the relevant government authorities. It is essential for obtaining legal titles and documents for the land.

Provisional surveys are primarily used to provide a rough estimate of the land's boundaries and features, making them useful for initial assessments and planning. In contrast, registered surveys offer precise, legally recognized boundaries and measurements. While provisional surveys are not legally binding, registered surveys are essential for obtaining land titles and other official documents, providing a higher level of accuracy and legal standing.

Sometime last week, we covered the difference between a registered survey and a provisional survey. Check it out here: https://www.dhirubhai.net/posts/tomi-samson-9ba4391b4_provisional-survey-and-registered-survey-activity-7211288369849368577-C-xy?utm_source=share&utm_medium=member_desktop

Demystifying the red (record) copy:

I’m sure you must have heard the term “red copy” a few times while transacting in real estate. However, not everyone understands what this really refers to. A common misconception held by people is that the red survey is literally red in color, in truth, it isn’t.?

The "record copy," often informally referred to as the "red copy," is a crucial document in land surveying. Unlike the survey plan given to the landowner or client, the record copy is a version of the survey plan that is filed with the office of the Surveyor General in a state.

The primary role of the record copy is for official record-keeping. It serves as an authoritative archive of all completed land surveys within the state. This archived survey plan can be accessed for various purposes, such as resolving legal disputes, verifying property details, and processing essential title documents like Certificates of Occupancy (C of O) and Governor's Consent.?

By maintaining these records, the office of the Surveyor General ensures that accurate and reliable survey information is always available for reference.

In general, it serves as a reliable reference for legal, administrative, and property transactions, ensuring accuracy and accountability in land surveying and ownership. This document is essential for verifying property details, resolving disputes, and processing key title documents, making it a cornerstone in the realm of land management and ownership.

How to Obtain a Survey Plan:

Obtaining a survey plan involves a few key steps to ensure accuracy and legal compliance. Here’s a simplified guide to help you through the process:

1. Hire a Registered and Licensed Surveyor: Start by engaging a professional surveyor who is registered and licensed. They will visit your property to take the necessary measurements and gather data

2. Conduct Fieldwork: The surveyor will mark the boundaries of your land and collect detailed information about the property

3. Prepare the Survey Plan: Using the data collected, the surveyor will create a comprehensive survey plan that includes all required details

4. Register the Plan: Finally, the surveyor will submit the completed survey plan to the office of the Surveyor-General in your state for official registration.

Things to note about survey plan:?

1. Legal Requirement for Land Titles:

A survey plan is a vital part of real estate transactions and it forms the basis of due diligence as well as title perfection. It is a legal prerequisite for obtaining land titles such as Certificates of Occupancy (C of O) and Governor's Consent in Nigeria. Without a survey plan, title documentation is incomplete and invalid.

2. Government Verification:

Survey plans must be verified and approved by the Surveyor-General's office of the relevant state. This verification ensures the accuracy and authenticity of the survey data.

3. Unique Survey Plan Number:?

Each survey plan is assigned a unique identification number registered with the state’s Surveyor-General’s office. This number is crucial for verifying the legitimacy of the survey.

4. Essential for Property Development:

???- Before any construction can begin, a survey plan is required to obtain building permits from relevant authorities. It provides architects and builders with the necessary land details to design and construct buildings.

5. Protection Against Encroachment:

A well-documented survey plan helps protect landowners from encroachment by clearly defining property boundaries, which can be legally enforced if disputes arise.

6. Historical Records:

Survey plans often serve as historical records of land ownership and boundaries. They can be referenced in future transactions, development projects, and legal disputes.

7. Surveyor’s Seal and Signature:

?The presence of a surveyor's official seal and signature on a survey plan not only authenticates the document but also holds the surveyor accountable for the accuracy of the survey.

8. Cost Implications:

Obtaining a survey plan can be costly, but it is a necessary investment for securing property rights and ensuring legal compliance in land transactions.

9. Record copy:

The popular red copy is actually called the record copy and it is more like the government official copy. It is permanently lodged at the office

10. Six copies:

When a survey plan is prepared, clients typically receive a total of six copies. This includes four paper sun-print copies, used for reference and administrative purposes, and two more durable clothed copies, intended for long-term storage and protection.

This allocation of copies ensures that the client has a sufficient number of survey plan copies for various needs, such as property transactions, legal matters, and construction projects. It also allows for the safekeeping of important land-related documents.

Whether you’re a seasoned investor or a first-time landowner, the importance of a reliable, authentic survey plan cannot be overstated. Survey plans are more than just paperwork; they are the backbone of secure and transparent land transactions, defining boundaries, protecting ownership rights, and providing necessary documentation for legal and development purposes.

Navigating the complexities of survey plans can be challenging, with issues ranging from cost and accessibility to fraud risk. To ensure you’re on the right path, always verify authenticity by checking the surveyor’s seal, SURCON number, and official documentation, and make sure the survey plan is registered with the relevant authorities.

Always seek professional guidance from licensed surveyors or real estate professionals to accurately interpret the survey plan. A well-prepared survey plan is your safeguard against potential disputes and legal issues, an investment in peace of mind, and the security of your property.

This took a longer while but I'm glad I was able to deliver it this week. I hope you found this enlightening and explanatory. Feel free to revisit this write-up whenever you need to in the future.

As always, I look forward to your comments and questions.

Till I write you again, Do stay safe.

Warm Regards,

Tomi Samson.

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To kickstart your real estate investment journey, make inquiries or book a consultation, kindly click on the link below.

https://linktr.ee/Tomisamson