22. Rejection of title.—If a purchaser has good reason for rejecting the title, he is entitled to have returned to him any sum which he has paid on the contract, together with interest at the legal rate from the time when he made the payment up to the time when it was returned to him. He is entitled also to have returned to him his reasonable expenses for examination of title, which means that a person can merely charge the actual cost of examining title in accordance with the customary rate. He cannot obtain consequential damage or compensation for loss of prospective profit, or brokerage paid for bringing about the contract, or loss incurred upon a prospective resale of the property, unless the seller is convicted of fraud in making the contract. Only in case of fraud can the purchaser get secondary damage.
23. Necessity for accurate survey of the property. —When a parcel of land is the subject of any com mercial transaction, it is important that an accurate survey of it be obtained. The surveyor employed for the purpose makes his return in the form of a dia gram, showing the outline and dimensions of the property, the location of every structure upon it, and the extent of any encroachments upon it by adjoin ing structures. Occasions have arisen where no sur vey was obtained before closing, which showed that the buildings said to be on the land conveyed were on other land. Only a survey can usually show this.
24. Encroachments shown by survey.—Having in mind the extent of the ownership of the person whose land has been surveyed, the survey is examined to see if the structures upon it are entirely within the bounds of the land. If not, there may be a question as to the marketability of the title. If the buildings en croach upon adjoining land, the owner of that land may be able to compel their removal, or may require damages for the encroachment. The buildings may encroach upon the street and the public authorities may compel their removal. The question of market
ability can be solved only by a person familiar with the principles of law applicable to the situation.
In considering the effect of encroachments upon the land by buildings erected on adjoining property, the question to be decided is more one of business than of law. The encroachment does not affect the title to the remainder of the land. The question is, has the encroachment diminished the size of the plot so that it is materially different in value from the plot which was the subject of the negotiation? The courts will not compel the purchaser to take a plot materially different from the one contracted for.
Under some circumstances an allowance for the dif ference in value may be given if the purchaser takes the plot.
A survey should be examined in connection with any restrictions affecting the property. The build ing may violate some restriction such as one requiring it to be set back from the building line of the street. Party walls, beam rights, etc., should be indicated by the survey. It is often necessary to show old roads and changes in the lines of streets upon the survey.
25. Survey for building operations and land de velopments.—Whenever a building is to be erected upon a lot, a surveyor should be employed to mark the lot lines and to indicate where the structure is to be placed. The surveyor should also be called in from time to time to test the work of the builder in order to guard against encroachments. In connection with a building operation, the survey is also useful in show ing grade of curb, sewer levels, etc.
The surveyor is employed when a tract of land is to be laid out in streets and divided into separate lots. The streets are definitely located, blocks are cut into subdivisions and maps are made showing such contemplated changes.