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Real Estate Survey Side Letter

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REAL ESTATE SURVEY SIDE LETTER

This Real Estate Survey Side Letter ("Side Letter") is made effective as of by and between the parties identified below and is intended to supplement and govern matters pertaining to the survey of the Property described herein and the Purchase Agreement described below.

Parties and Purchase Agreement Reference

Reference Purchase Agreement dated between Buyer and Seller concerning the property located at (the "Purchase Agreement").

Property Identification and Survey

Date of Survey:    Survey Type:

Survey Findings and Disclosures

Encroachments discovered:

Easements or rights-of-way disclosed:

Flood zone designation indicated by survey:    Structural encroachments onto adjoining property:

Allocation of Responsibility and Remedies

Responsibility for correcting survey-identified encroachments, boundary discrepancies, or unauthorized improvements: Seller agrees to ; Buyer agrees to .

If corrective action is required and not completed prior to Closing, the parties agree that the remedy shall be:

Objection period for Buyer to provide written objections to Survey Findings: days following Buyer’s receipt of the survey. Seller shall have days to cure any valid objections.

Costs, Delivery and Use of Survey

Cost of the Survey shall be paid by:

Survey delivered to:    Date delivered:

Indemnity, Representations and Miscellaneous

Seller represents and warrants to Buyer that, to Seller’s knowledge, the survey as delivered accurately reflects Seller’s understanding of the boundaries, easements and improvements as of the survey date. Seller shall indemnify, defend and hold Buyer harmless from any losses, claims, expenses or damages arising from Seller’s breach of such representation, except to the extent such matters were disclosed in writing to Buyer prior to Buyer’s objection deadline.

Buyer’s remedies for uncorrected, material defects disclosed by the Survey shall be limited to the remedies set forth in this Side Letter and the Purchase Agreement, including, at Buyer’s election, requirement that Seller cure the defect, a credit to Buyer at Closing in the amount reasonably necessary to cure the defect, or termination of the Purchase Agreement if cure is not feasible within the cure period.

Notices under this Side Letter shall be given in accordance with the notice provisions of the Purchase Agreement. For the purposes of notices related specifically to the Survey, notices shall be sent to:

Governing Law: This Side Letter shall be governed by and construed in accordance with the laws of the state identified for the Property without regard to conflict of law principles.

Entire Agreement; Survival: This Side Letter, together with the Purchase Agreement to the extent expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof. The obligations and warranties of the parties that by their nature should survive Closing shall survive Closing.

Attachments

The following documents are attached and incorporated by reference as exhibits to this Side Letter:

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

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What a Real Estate Survey Side Letter Is and When It Matters

A Real Estate Survey Side Letter is a short supplemental agreement that clarifies survey-related responsibilities, timing, and deliverables separate from the primary purchase or lease contract. Typical uses include confirming which party orders and pays for a boundary or ALTA/NSPS survey, identifying required survey standards, allocating risk for survey deficiencies, and setting deadlines for review and objection. The side letter is often executed alongside the contract to avoid ambiguity about who must cure encroachments, obtain easements, or update existing surveys before closing. It does not replace the main agreement but modifies or supplements survey obligations.

Why a Survey Side Letter Reduces Transaction Risk

A focused side letter isolates survey obligations and deadlines, lowering the chance of closing delays and disputes over who must resolve physical or title issues. Clear allocation of cost, standards, and remediation steps improves predictability for lenders, buyers, and sellers.

Why a Survey Side Letter Reduces Transaction Risk

Who Typically Prepares and Signs a Survey Side Letter

Use the side letter to complement the purchase or lease agreement, and keep it on file with closing documents and title work for future reference.

  • Buyers and buyers' counsel: to require a survey meeting lender and underwriting standards and to shift remediation responsibilities to the seller when appropriate.
  • Sellers and listing brokers: to limit post-closing liability by documenting the seller's commitments and any exclusions or known defects.
  • Lenders and title insurers: to confirm that survey standards satisfy underwriting requirements, inspections, and title endorsements.

Core Elements to Include in a Professional Side Letter

A concise side letter should be structured to align with the main contract while clearly stating survey-specific terms so it can be read independently if needed.

Scope of Survey

Specify ALTA/NSPS, boundary-only, topographic, easement update, or other standard to be provided and any required exception/endorsement language.

Ordering Party

Identify who will order and pay for the survey and whether the cost will be credited at closing.

Standards & Deliverables

Define deliverables (PDF, sealed hard copy, CAD file), certification recipients (title company, lender), and required certifications.

Deadline and Review

Set the date for delivery, a review period for objections, and the cure window for identified issues.

Remediation Responsibilities

Allocate responsibility for encroachments, boundary adjustments, corrections, and associated costs.

Integration & Governing Law

State that the side letter supplements the primary agreement and specify governing state law for disputes.

Step-by-Step: How to Complete and Execute the Side Letter

Follow these sequential steps to prepare, approve, and finalize the side letter so survey obligations align with the main transaction schedule.

  • 01
    Drafting: Identify survey standard, party responsibilities, and deadlines with counsel review.
  • 02
    Review by Lender/Title: Share draft with lender and title company to confirm required endorsements.
  • 03
    Delivery & Acceptance: Set an inspection/review period and define objection and cure steps.
  • 04
    Execution & Filing: Obtain signatures and retain copies with closing documents and title commitments.

Setting Up an Online Side Letter Workflow

Configure a digital workflow to collect signatures, route copies to title and lender, and record audit information for compliance.

Field Configuration
Signature Order Sequential signing: Seller → Buyer → Title → Lender
Authentication Email plus SMS code or ID verification for higher-assurance signers
Deliverables Auto-send signed PDF to parties and title agent
Retention Store signed copy in closing folder and document management system

Where to Send the Side Letter After Signing

Ensure every interested party receives an executed copy so survey obligations are visible to title, lender, and recording agents as needed.

  • Buyer and Seller: Retain fully executed copies in closing records and counsel files.
  • Title Company: Deliver to title agent to confirm survey meets endorsement conditions.
  • Lender: Provide to lender for underwriting and loan condition clearance.
  • Surveyor: Send final survey requirements so the surveyor delivers the correct standard and format.

Digital Signing and File Formats That Work Well

Ensure the chosen platform preserves a certificate of completion and exports an unalterable signed PDF for title and lender review.

  • Formats Supported: PDF, DOCX
  • Audit Trail: IP, timestamp, action log
  • Integrations: Works with CRM and storage integrations

Typical Timeline Items and Deadlines

Common timing items in survey side letters determine when the buyer must object, when the seller must cure, and when documents are due for closing.

Survey Delivery Date:

Delivery by X business days before closing

Review Period:

Buyer has Y days to object after delivery

Cure Window:

Seller has Z days to address valid objections

Title Endorsement Deadline:

Title insurer receives approved survey before endorsement issuance

Closing Impact:

Uncured survey exceptions may delay or adjust closing obligations

Authentication, Notarization, and Witness Steps

Certain side letters or documents attached to deeds may require notarization or witness signatures depending on state recording rules.

01

Notary Acknowledgement

Obtain notary acknowledgement if the side letter will be recorded with deed-related instruments.

02

Witness Requirement

Confirm state-specific witness counts before execution for recordable instruments.

03

Remote Notarization

If using RON, ensure the state's remote notary statute permits remote acknowledgements.

04

Recording Office

Check county recorder rules on attachments to deeds and required form language.

05

Retention of AV Recordings

If notarized remotely, retain audio-video proof per state RON rules.

06

Power of Attorney

If signed by POA, include certified power of attorney documentation or notarial proof.

07

Title Agent Checklist

Provide executed copies and notary pages to title for endorsement review.

08

Escrow Handling

Escrow officer should confirm documents meet lender and recorder requirements.

Essential Information to Record in the Side Letter

Document Date: MM/DD/YYYY
Parties Named: Full legal names
Property ID: Legal description / parcel number
Survey Standard: ALTA/NSPS or local standard
Delivery Terms: Delivery timeline and format
Remedy Allocation: Who pays and who cures

Risks and Consequences of an Incomplete or Incorrect Side Letter

Closing Delays: Buyer remedies delayed; lender conditions unmet
Increased Costs: Unallocated remediation costs post-closing
Title Exceptions: Survey exceptions may block endorsements
Recordation Refusal: Recorder may reject improperly notarized attachments
Legal Disputes: Ambiguities can trigger breach claims
Insurance Exposure: Title insurer may refuse certain coverages

Common Mistakes to Avoid When Preparing the Side Letter

  • Using vague survey standards like 'current industry standards' without naming ALTA/NSPS level or edition
  • Failing to tie deadlines to the main contract date or closing date, causing timing conflicts
  • Not sharing draft with lender or title company to confirm endorsement conditions before execution
  • Allowing unsigned or improperly notarized copies to be used for recording or title clearance

Practical Tips to Draft a Clear, Enforceable Side Letter

Adopt consistent drafting conventions and coordinate with title and lender to avoid downstream issues.

Be Specific
Name the exact survey standard, edition, and required endorsements to avoid interpretive disputes with surveyors or title insurers.
Tie Dates to Events
Express deadlines relative to closing or delivery events (for example, 'within 10 business days of survey delivery').
Coordinate with Title
Confirm title insurer endorsement language before finalizing to ensure the survey supports required coverages.
Document Acceptance Process
Spell out objection procedures, what constitutes a valid objection, and the parties' cure responsibilities.

Real-World Examples of Survey Side Letter Use

Two concise examples show how side letters resolve practical issues in transactions.

Commercial Purchase Example

A buyer required ALTA/NSPS 2021 with lender endorsement

  • The seller agreed to pay for an updated ALTA survey
  • The side letter set a 14-day review period and allocated costs for encroachment removal if discovered, enabling lender approval without delaying closing.

Leasehold Adjustment Example

A tenant sought confirmation of boundary lines before fit-out

  • Landlord agreed to provide an updated boundary survey at landlord expense
  • The side letter required delivery 30 days before commencement and allowed tenant 10 days to object, avoiding later disputes over encroaching improvements.

eSignature Vendor Snapshot for Executing Survey Side Letters

Comparison of common vendor attributes relevant when executing and storing signed side letters. signNow appears first per vendor ordering conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium+) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common practical and legal questions encountered when preparing or executing a Real Estate Survey Side Letter.


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