Surveys, Right-of-Way Encroachments and Elevation Certificates in Florida Closings

Published October 9, 2026 · Recalde & Friedman, PLLC

Why get a survey

A title search tells you what's in the public records. A survey tells you what's on the ground: where the house, fence, pool and driveway sit relative to the property lines, setbacks and easements. Many problems that never appear in the records show up on a survey.

Survey timing under the FR/BAR contract

• The buyer may have the property surveyed and certified by a registered Florida surveyor at the buyer's expense, at least 5 days before the closing date (9(d)).
• If the seller has a survey, the seller must give the buyer and closing agent a copy within 5 days after the Effective Date (9(d)).
• If the survey shows encroachments onto the property, improvements encroaching on setback lines, easements or neighbors' land, or violations of the restrictions or regulations described in Standard A, the buyer must give the seller written notice with a copy of the survey within 5 days after receiving it, and no later than closing. Matters properly noticed become title defects subject to the Standard A cure process (Standard B, Survey).
• If the seller delivered an older survey, the seller must, at the buyer's request, sign a "no change" affidavit to the extent it's true (Standard B).

Survey and the title policy

A standard title policy excepts matters an accurate survey would show. In Florida, if the insurer receives a survey dated within 90 days before closing that meets the applicable standards and is certified to the insurer, the policy may limit that exception to the specific matters shown on the survey (§ 627.7842, Fla. Stat.(1)(a)). That's a direct benefit to the buyer. See owner's vs. lender's coverage.

Right-of-way encroachments

In older South Florida neighborhoods, it's common for a survey to show a fence, wall, hedge, paver driveway or sprinklers extending into the public right-of-way, the strip between the lot line and the street that belongs to the city or county. Typical questions:

• Is it a title defect? Under Standard B, improvements encroaching on lands of others can be a title defect if the buyer gives timely notice. Whether to object is a judgment call. See when not to object.
• Will the title policy cover it? Usually not. The survey exception will list it.
• Will the city care? Some cities require a right-of-way permit or a covenant for private improvements in the right-of-way, and may require removal for public work. Check with the city's public works department. Our city guides link to local portals.

Utility easements

Standard A(i)(d) accepts unplatted public utility easements of record along the lot lines, up to 10 feet wide on front and rear lines and 7½ feet on side lines. A survey showing a pool deck or shed inside a utility easement may not be a title defect under that standard, but it can still mean the utility can require removal for access. A violation of the easement existing at closing is treated as a title defect.

Access

The seller represents that there is ingress and egress to the property, and that title is insurable without an exception for lack of legal access (Standard C, Ingress and Egress).

Elevation certificates and flood zones

An elevation certificate documents a building's elevation relative to flood levels, and insurers use it to rate flood coverage. The FR/BAR contract advises buyers to verify the flood zone by elevation certificate. If the property is in a Special Flood Hazard Area or Coastal Barrier Resources Act area and the building's lowest floor is below the minimum flood elevation, or the property is ineligible for NFIP or qualifying private flood insurance, the buyer may terminate within 20 days after the Effective Date (if left blank) and get the deposit back. Otherwise the buyer accepts the existing elevation and flood zone (10(d)). Check maps at the FEMA Flood Map Service Center.

Florida sellers of residential property must also disclose known flood damage and flood insurance claims, and certain federal flood assistance, at or before the time the buyer signs the contract (§ 689.302, Fla. Stat.).

Tips

• Order the survey early in the inspection period, not the week of closing.
• Ask for certification to the buyer, lender, title agent and title insurer.
• Verify the surveyor's license through the FDACS active license lookup (surveyors and mappers).

Frequently asked questions