Builder doesn’t order a survey before beginning any construction or even purchasing the lot? I guess Hawaii doesn’t do the surveys, huh?
Surely one of these people involved would want to look at the survey. Something doesn’t ring right here.
How would title insurance apply in this case, if at all? If she had it, or if the developer had it?
A survey will tell you where the property lines are according to the legal description of the property on the deed.
It won’t tell you who the legal owner of the property is.
In Ohio you won’t buy real estate with out a Title Search. Companies exist that do nothing other than title searches and guarantee there work. They ensure that the property you are buying has a clear title and that you are buying that property from the legal owner.
Assuming this developer hired a title search company that company should be whom they are suing other than the real estate broker.
Survey has to be done prior to construction so the architect can draw the plans. He need tie downs for the corners of the building which shows set backs, easements, and offset the edge of the building.
The building contractor probably hired (for $50) a guy to come out and tag the land (they use actual plastic tags, affixed to tree limbs and such). It's called "pinning." Anyone with a plat map and the ability to count and a basic sense of orientation can do it.
And anyone who's had a few beers for lunch can easily make a mistake.
Regards,