Real Estate Tip – Mortgage Loan Inspections: More Important Than You Think

As a buyer or tenant, if your budget does not allow for a full boundary or American Land Title Association/American Congress on Surveying & Mapping survey plan, be certain to engage a surveyor to conduct a mortgage loan inspection. Though you may think an MLI is merely a basic, low-cost way to involve a professional land surveyor in a lease or acquisition (residential or commercial), it’s more important than you think.

Consider two recent MLI sketches that moved one wall of a building closer to a boundary than it had been originally. In the first case, a municipal setback requirement was violated. In the second case, a restriction imposed by a deed in the chain of title was violated. Although there was no enforcement action for many years in either case, both the town in the first case and the neighbor in the second case did have enforcement plans. Thanks to the MLI, in case one the seller is removing and relocating a portion of the building in case two clearing the title of the violation; both at no expense to the buyer.

For your next project, conduct an MLI to ensure the building and improvements are in their proper place on the property.

Today’s real estate tip is brought to you by Rick Smith, a LEED Accredited Professional and member of Bernstein Shur’s Real Estate Practice Group and Green Building Team. Stay tuned for more useful tips for real estate professionals.

For more information on MLIs, contact Rick at rsmith@bernsteinshur.com or 603 623-8700 ext. 8829 or 207 774-1200.