Continuing our series of commonly asked questions, we asked Houston-based attorney Syndy Davis one final question regarding survey requirements:
Could title fully insure a transaction when a survey is not available?
We do see this scenario commonly in refinance transactions. Procedural Rule P-2 of the Texas Title Insurance Basic Manual allows title to accept evidence of an existing survey and provide coverage of a loan policy. Title companies must interpret what evidences an existing survey. Some accept a copy of an existing policy that provides survey coverage of the subject property. Others will provide survey coverage if the property is in a platted subdivision under the theory the existing loan being paid off had a title insurance policy that included survey coverage.
Thanks for your helpful insight, Syndy!