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Why should I get an ILC?

Why should I get an ILC?  Or why not?

Related post:  ILC versus a Survey, what’s the difference?

Here’s some of the top reasons why you should get an ILC (Improvement Location Certificate)

  • You could identify property line violationsIMG_1583 pleasant valley
  • You may find out the fence is not the property line
  • You could find out that all or a portion of the driveway is on some one else’s property
  • It will also tell you where the easement are located

I used to think that ILC’s and surveys were only for rural properties.  Wrong.  Even lots in the middle of a subdivision are not immune to “hidden problems” ; including :

  • Encroachments
  • Easements
  • Other adverse conditions
Why should I get an ILC before completing a purchase of a house?

Encroachments and infringements can especially cause problems that you may want to have corrected prior to closing on your purchase (such as a neighbor’s shed on the property, fence on the wrong property, driveway on both properties).

On the other hand, when a ILC is performed prior to closing, the buyer can require the seller to address the issue.    And if it is an irresolvable issue, the buyer can void the contact as long as it is within the dates on Colorado Contract to Buy/Sell.   Without a survey or an ILC, the buyer assumes the risk of these potential survey defects.

Do Colorado Real Estate Contracts require a survey or an ILC?

The Colorado Real Estate contract doesn’t require a buyer to get an ILC or a Survey, but it certainly gives them the option as well as it gives choices on who is responsible for the payment.    Here’s the applicable section of the Colorado Buy/Sell contract.

Item #7.3.
(Residential Contract to Buy & Sell Real Estate)
Survey. On or before Survey Deadline (Sec. 2.3), [_] Seller [_] Buyer shall order or provide, and cause Buyer (and the issuer of the Title Commitment or the provider of the opinion of title if an abstract) to receive, a current [_] Improvement Survey Plat [_] Improvement Location Certificate [_]__________________ (the description checked is known as Survey). An amount not to exceed $_____________ for Survey shall be paid by [_] Buyer [_] Seller . If the cost exceeds this amount, [_] Buyer [_] Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller, before Survey is ordered, Buyer’s written agreement to pay the required amount to be paid by Buyer.
 
For the small cost it takes to get an ILC done, it now seems like it is common sense to get one on all properties.  If you are a buyer, wouldn’t you rather know if there is a problem with a potential property before you buy?   It’s much better to know ahead of time, vs. buying and finding out later that the driveway is on the neighbor’s lot, or the fence isn’t on your property line, or your shed is built between two properties.
 
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To find out more information about Colorado Springs, Call ……
Kathy (719-287-1049)   KTorline@msn.com

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