Surveying and staking can confirm boundaries, surface encroachments, and clarify exactly what is being conveyed, especially for single family homes and vacant land in Hawai‘i.
Background
When purchasing property in Hawai‘i, particularly single family homes or vacant land, it is common and often prudent to include a surveying or staking contingency in the Purchase Contract. This process helps confirm property boundaries and provides clarity around exactly what is being conveyed.
Staking involves engaging a licensed land surveyor to locate and physically mark the corners of the parcel based on the legal description recorded in public records. Boundary points are typically identified with stakes or markers so buyers can visually understand where the property begins and ends. This is especially relevant where fencing is absent, landscaping crosses boundaries, or lot lines are not readily apparent.
A boundary survey generally includes a formal survey map that illustrates the parcel’s dimensions, boundary lines, and any visible encroachments. These may include fences, retaining walls, driveways, or structures that extend across property lines. Identifying these issues early allows them to be addressed thoughtfully, whether through negotiation, correction, or documentation, prior to closing.
Why It Matters in Hawai‘i
Surveying and staking are particularly important in Hawai‘i, where many properties are older and lot configurations can be irregular or visually misleading. Clear boundary confirmation reduces the risk of future disputes and supports informed decision making for both buyers and sellers.
Cost, Timing, and Contract Protection
The cost of surveying and staking is often negotiated as part of the Purchase Contract and is frequently paid by the seller, though this can vary by transaction. The work is typically ordered shortly after escrow opens, allowing time to resolve any findings before the scheduled closing.
If a material boundary concern is discovered and cannot be resolved to the buyer’s satisfaction, the contingency may allow the buyer to withdraw from the transaction, subject to contract terms. In practice, this process provides an added layer of certainty and protection.
In Summary
Surveying and staking provide peace of mind. They help ensure the physical reality of the property aligns with the legal description, offering clarity and confidence in a Hawai‘i real estate transaction.
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