When to Accept, Modify, or Object—And How to Keep Closings on Track

In the world of North Carolina real estate, a survey can either unlock peace of mind or jam the lock on a closing. Survey exceptions are often treated like boilerplate, but seasoned attorneys and paralegals know that’s a risky shortcut. Not every fence, encroachment, or right-of-way should be locked into the title policy without a thorough review.

So, when should you accept a survey exception? When do you modify it? And when is it time to object?

Quick Guide and Practical Considerations

ACCEPT: When Exceptions Are Minor and Clearly Reflected

• Visible, longstanding features like fences or driveways that are not in dispute.

• Utility easements that are common and don’t materially impact use or value.

• Matters shown on a prior policy that match the current survey and have been previously accepted by underwriters.

Key Tip: Confirm that the exception is accurately described, especially for metes and bounds parcels. Ambiguity can lead to liability down the line.

MODIFY: When You Can Narrow the Scope

• Overly broad language (e.g., “any encroachments or easements shown on survey”) should be narrowed to specific issues.

  Example: Modify to “5’ encroachment of shed onto adjacent parcel as shown on ALTA survey dated…”

• Outdated surveys may still be usable, with caveats. Ensure that any exceptions reference current survey dates and don’t carry forward obsolete conditions.

  
  

Lock in clarity by including the surveyor’s name, date, and drawing number in the exception text.

OBJECT: When Issues Impact Marketability or Insurability

• Encroachments onto adjoining parcels or from adjoining structures onto the insured land.

• Access issues where legal ingress/egress isn’t clearly reflected.

• Improvements over easements, like a building over a utility right-of-way, can expose insureds to future removal demands.

These are not just survey quirks—they’re potential dealbreakers. Work with a title insurer early to determine whether a deletion, indemnity, or curative action is needed.

Unlock a Smooth Closing with Smart Survey Review

In North Carolina, survey exceptions aren’t just a formality—they’re a gateway to clean title or a source of post-closing problems. The key is knowing when to dig in and when to move forward.

Need a second set of eyes on a tricky survey?

At Key Title, we help real estate attorneys and paralegals across North Carolina unlock practical solutions that keep transactions moving.