I've experienced this dilemma for a homeowner selling their home at least a dozen times in the last year.
It goes like this: "We love the house and the yard is spectacular. We'll take it." The lawyers draw up the contract. All is approved. Both parties are happy. Then the final survey is done. The property is over cleared by a certain percentage.
The seller hires a landscaper to re-vegetate the property. The buyers come back for a final walk through. They are shocked. "What happened to the beautiful yard? We didn't agree to this!" The deal is off. Wow! Everybody walks away disappointed to say the least.
If that sale went through, after it was legally recorded, the new owner would not only get a violation, but must re-vegetate to the percentage required. Then they will go to court and actually face a judge, and also pay a hefty fine. This is all avoidable by updating your survey first to see if you are in compliance, and then make adjustments accordingly. Talk to your real estate agent and lawyer before you put your house officially on the market.
