Improvement Location Certificates (ILC) and Surveys

Posted by Julie & Justin Reddington on Friday, February 5th, 2021 at 12:38pm.

As part of the Colorado Contract to Buy and Sell, one of the contingencies is the option to get an ILC of a ALTA Survey.  Many properties are on a Lot and Block and the majority of potential home owners pass on this contingency.  However you do have the right to get one should you choose to make sure the home doesn't have any encroachments, easements etc that could affect the use of the property.  Potential issues could be

* Fencing now installed on the correct boundaries

* A driveway encroaching on the wrong property

If an issue is discovered, the Title company will exclude it from the policy.  But is at the point that you have the option to discuss with the Seller to get the issue resolved. 

Improvement Location Certificate (ILC)

This is a drawing of a parcel of real property prepared by a licensed surveyor that shows the location of improvements to, and easements across the property; as well as encroachments onto the property by improvements located on adjoining properties. An ILC is a Certificate not a survey of the property. The measurements shown on an ILC are to the approximate record position of the property line. This line is subject to change if a full survey is performed.

What is an ALTA Survey?

An ALTA (American Land Title Association) survey is a boundary survey prepared to a set of minimum standards that have been jointly prepared and adopted by the ALTA/ACSM (American Congress of Surveying and Mapping). Additionally, an ALTA survey shows improvements, easements, rights-of-way, and other elements impacting the ownership of land. More extensive surveying may be required to clarify or resolve potential problems uncovered while obtaining measurements for an ILC. A full survey, such as an Improvement Survey Plat, is based upon a more stringent procedures performed to locate the boundaries and will often locate or replace property corners. A full survey can be relied upon to locate future improvements.

What is an Easement?

An easement is an area of land owned by the property owner, but in which other parties, such as utility companies, may have limited rights granted for a specific purpose. If a utility company owns the rights, they may have a utility line running below the ground, across your property.

What is an Encroachment?

Encroachments are improvements, such as fences or buildings, which extend across the property line

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