Nebraska Law: No Mandatory Survey to Sell
Nebraska has no statute requiring property owners to obtain a land survey before selling a home. The sale of residential property in Nebraska can close without a survey, provided all other transaction requirements are met. However, whether you need a survey in practice depends on the requirements of the buyer's lender, the title insurance company, and the specifics of your property.
Understanding when surveys are required in practice, and when they are advisable even if not technically required, helps sellers avoid surprises at the closing table.
When a Lender Requires a Survey in Nebraska
Conventional Loans and Survey Requirements
Most conventional mortgage lenders rely on title insurance rather than a survey to protect their interest in a residential property. Fannie Mae and Freddie Mac do not universally require surveys for conventional loans on platted residential lots in established subdivisions. For these transactions, a title insurance policy is typically sufficient, and no survey is required.
However, individual lenders may impose their own requirements that go beyond Fannie Mae or Freddie Mac guidelines. Some lenders require a location survey or mortgage survey for properties on large lots, rural parcels, or properties where the title commitment reveals an exception for survey matters. When in doubt, ask the buyer's lender early in the process whether a survey is part of their underwriting requirements.
FHA and VA Loans
FHA and VA loans do not universally require surveys, but lenders originating these loans may require one if the property has characteristics that raise questions about boundary accuracy. Rural properties, properties with large lots, or properties where the title search reveals prior survey issues are more likely to trigger a survey requirement even on government-backed loans.
Rural and Agricultural Property
Sales of rural or agricultural property in Nebraska are more likely to require a survey. Agricultural lenders and banks financing land purchases in Nebraska's agricultural regions typically require a boundary survey to confirm acreage and establish that the parcel being sold matches the deed description. USDA farm loan programs may also require surveys for qualifying transactions.
When Title Insurance Companies Require a Survey
Title insurance companies in Nebraska sometimes require a survey before issuing a policy, particularly when the title commitment includes a standard exception for matters a survey would disclose. This exception covers unrecorded encroachments, boundary disputes, and other issues that would only be revealed by physical inspection of the property.
If the title company requires the survey exception to be removed from the policy, the seller or buyer must provide a current survey that shows no encroachments or boundary issues. An existing survey that is more than a few years old may or may not be accepted depending on the insurer's requirements and whether any improvements have been made to the property since the prior survey was completed.
For vacant or rural land sales in Nebraska, title companies are more likely to require a survey as a condition of issuing a policy. The combination of less precise historical records and the potential for unrecorded encroachments in rural areas makes insurers more cautious.
Survey Types Used in Nebraska Real Estate Transactions
Location Survey (Mortgage Survey)
A location survey is a limited survey showing the position of structures relative to the property lines and confirming no obvious encroachments. It is less detailed than a full boundary survey and is used primarily to satisfy lender and title insurance requirements for platted residential properties. Costs typically run $400 to $800 for a standard residential lot in Nebraska.
Full Boundary Survey
A full boundary survey establishes the precise legal boundaries of the property through deed research, fieldwork, and monument setting. It is used when the title company or lender requires a more detailed examination of the boundary, when the property is a rural or agricultural parcel, or when prior boundary issues exist on the title. Costs run $500 to $1,200 for residential lots and $900 to $2,500 or more for rural parcels.
ALTA/NSPS Survey
ALTA surveys are the standard for commercial real estate transactions. Nebraska commercial sellers are routinely required by buyers and lenders to provide a current ALTA survey. These surveys document boundaries, easements, encroachments, and other matters in full detail. Costs range from $2,000 to $4,500 or more depending on the size and complexity of the property.
When a Survey Is Advisable Even If Not Required
You Suspect an Encroachment
If you have reason to believe a neighbor's fence, driveway, or structure may be on your property, resolving that issue before listing is far better than having it discovered by the buyer's home inspector or turn up on a title search. An encroachment revealed at or near closing can delay or kill the deal.
The Property Has Not Been Surveyed Recently
If the last survey of your property was conducted many years ago and improvements have been made since then, a new survey can confirm that all structures are within the property lines and that no new encroachments have developed.
Rural or Acreage Property
For rural Nebraska property where the acreage listed in the deed may differ from the actual acreage, a survey confirms what is actually being sold. Acreage discrepancies in Nebraska agricultural land are not uncommon due to historical survey practices and PLSS corner disturbance.
Nebraska-Specific Considerations
Nebraska's real estate market has some characteristics that influence survey needs at sale. The state's agricultural character means many transactions involve rural or semi-rural properties where boundary precision matters more than in dense urban subdivisions. The Missouri River floodplain in eastern Nebraska and the Platte River corridor also affect transactions because flood zone status can influence buyer financing and the need for elevation certificates.
In counties like Douglas (Omaha) and Lancaster (Lincoln), most residential transactions on platted lots close without a survey. In rural counties, the opposite is often true: lenders and title companies routinely require surveys as a condition of the transaction.
Who Pays and When to Order
Survey costs in Nebraska are negotiated between buyer and seller. The party who benefits most from the survey, typically the buyer whose lender requires it, usually pays. Sellers sometimes order surveys proactively to remove title exceptions and speed the transaction.
If a survey is needed, order it early in the transaction. A residential survey takes two to four weeks in Nebraska. Ordering the survey at the time of listing rather than after a purchase agreement is signed prevents closing delays.
Find a licensed Nebraska land surveyor in our Nebraska land surveyor directory.