Topographic Due Diligence Checklist

Are you hiring a surveyor to do an on-site inspection of the property you or your client may purchase? Make sure that you obtain all the possible input and feedback from the surveyor’s on-site check and fees. It is not only about verifying the on-site property area and boundaries, but also several other very important matters to be checked by technical eyes on the field.

The following are the points that you should have your surveyor check and report on:

• On-site verification of property area versus the one indicated on the survey map and the title at the Real Estate National Registry.
• On-site verification of property lines and discarding the existence of any overlaps with any neighboring properties.
• On-site confirmation of existing fences, walls, creeks, rivers, etc. if any, marking the property lines.
• Confirmation that the geographic location and coordinates indicated for the property on the survey plan match the on-site reality.
• Confirmation of water and electric connections being visible or not in front of the property of interest.
• Confirmation of current access to the property as well as current maintenance conditions of said access (paved or cement road? dirt road? 4X4 vehicles access only?) If the access is through a right of way easement, confirmation of its registration. If no registered easement exists for access, confirmation of the properties that are crossed by the access road and that would have to provide an easement.
• Indication if there are any internal roads, trails, walkways, etc crossing the property of interest and appearing to grant access to any neighboring property, existence of any gates (locked or unlocked, etc).
• Indication if there are any visible water bodies (rivers, springs, creeks, lakes) or wells (hand dug or deep machine drilled) on the property of interest or visible on neighboring properties from the property of interest or from its access road.
• Indication if there were any visible landslides or similar situations on the property of interest or on its access road, or visible from the property of interest on neighboring properties.
• Indication if there were any visible trees with eminent risk of falling on buildable areas or already built areas of the property of interest or on its access road, or on neighboring properties.
• Indication if there is any relevant note or label on the registered property’s survey map such as indication of existence of a spring, creek, river, well, forest, etc.
• Confirmation that the property of interest is not covered on any map of the “Emergencies’ National Committee” (Comisión Nacional de Emergencias) as an area under risk of flood, tectonic plates risk, or any other type.
• Confirmation that the property of interest is not covered on any map of governmental conservation areas, reserves (public, private or mixed use), parks, etc.
• Express reference to any other visible specific matter noted on-site which may have any type of impact on the property, its constructions, development potential, etc.
• Express confirmation that the property of interest is not affected by maritime zone land or “Ría” setbacks from estuaries.

In the event there were constructions on the property of interest:

• Confirmation of on-site distance of constructions from property lines (front, back and lateral) in the cases where the construction setback from property lines could affect due
  to proximity.
• Confirmation of on-site distance of constructions from any water bodies (rivers, creeks, springs, lakes) or wells (hand dug or drilled) to discard risk of constructions being affected
  by water bodies` construction setbacks.
• Confirmation of total height of construction at its highest point.
• Confirmation of footprint area of constructions with breakdown of home(s) and pool(s) and non-covered deck(s) or garage(s)

Maritime Zones 

• For properties located within the maritime zone land (150 meters from the IGN landmark mojones), confirm if the property of interest is affected by the maps of MINAE “Patrimonio
• Natural del Estado” or by any “ría” generated by a river mouth and estuary going out into the ocean.
• For properties located within the maritime zone land (150 meters from the IGN landmark mojones), confirm if the on-site concrete mojones were identified and match with the digital mojones.
• For properties located within the maritime zone land (150 meters from the IGN landmark mojones), confirm that the property has direct access through public road.

A complete surveyor’s on-site check and written report ideally with images as exhibit will provide valuable feedback to be considered by any person considering the purchase of a Real Estate property. Many of the points contained on this list are only possible to verify after an on-site visit to the property of interest and several of them could require a technical expertise of a professional surveyor.

Best regards,
Alberto Sáenz & the Invicta Legal team.
Founding Partner
Contact me at: Alberto.Saenz@invicta.legal
Read about our Law Firm at: http://www.Invicta.legal