K1 vs. K2

K1 vs. K2

In Hawaii it is customary that the seller pays for the survey.  Do you know the difference between K1 “Staking (Boundary Points)” and the K2 “Survey”?   K1 will not deliver a map; only the boundary points will be staked.  K2 will come with a map.  

Generally speaking, for residential properties, if a map is desired or if there are improvements along or near the parcel boundaries, it is recommended to get a K2 survey.  This is driven by the fact that with improvements along the property lines, there may be encroachments.  Moreover, there may be setback violations.  When there is an encroachment, financing can become a challenge depending upon the lender.  (Think of the implication of that for the seller…do you want a surprise after you are in contract?  Sometimes it is best to get the survey before the buyer comes along, even though it is out of pocket for the seller.)

Encroachments can be discussed in another newsletter, but in the meantime please take a look at K-4 of the purchase contract that makes an important point:

“Staking/Survey Discrepancies.  In the event the staking or survey report reveals a material fact which directly, substantially and adversely affects the value of the Property, then Seller shall make appropriate disclosures pursuant to Paragraph I-2, and Buyer may exercise rights under Paragraph I-3.”

Pikake Subdivision
Planning Department

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