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  1. #1
    Join Date
    Sep 2010
    Posts
    3

    Default Is My Survey Right

    My question involves real estate located in the State of: New York

    My husband and I purchased our home in 2000. We accepted the current survey of the home, as it was 2 years old. We put up a fence in 2002, after obtaining a building permit from our village.

    Fast forward to 2008, the neighbors who's property our fence borders passes away. His estate had his land re-surveyed and are saying our fence is on their land 2.5 feet. We have gone back and forth with their attorney to no avail. One letter from the attorney admits that their surveyor took it upon himself to reposition our stakes in the back corner to be compliant with their survey. They can't do that, right?

    The land in question is a 2.5 foot strip of land on the opposite side of their garage. We had several amicable conversations with the previous, now deceased owner of the property about the fence prior to putting it up. He was happy we were putting it up, he didn't like our kids making noise.

    Do we have any leg to stand on when we go to trial with these people next week? Any help or advice would be greatly appreciated.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Is My Survey Right

    What does your surveyor say? What does your lawyer say?

    There is not much to go on here except that you are headed to court next week where you will surely lose if this is the first advice you have asked.

  3. #3
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Is My Survey Right

    Quote Quoting LandSurveyor
    View Post
    What does your surveyor say? What does your lawyer say?

    There is not much to go on here except that you are headed to court next week where you will surely lose if this is the first advice you have asked.
    Our survey says the fence is on our property. We fired our lawyer. I have talked with several lawyers, however none had the time to take on our case. Our previous lawyer was a waste of money. We have decided to go it alone, as we have no other choice at this point. I have done a lot of research on my own regarding this, however I was hoping to get another viewpoint. Thanks.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Is My Survey Right

    Our survey says the fence is on our property.
    That's good. You need to engage that surveyor as an expert witness. You do not have time to do that at this point so you will need to ask for a continuance.

  5. #5
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Is My Survey Right

    Quote Quoting LandSurveyor
    View Post
    That's good. You need to engage that surveyor as an expert witness. You do not have time to do that at this point so you will need to ask for a continuance.
    The man that originally surveyed our land has passed away and the survey company that acquired his records has not returned our repeated requests for information.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is My Survey Right

    Then I suggest retaining a new lawyer and appraiser, let's say, three months ago. Your comments suggest that you've placed yourself at the bottom of a giant hole - I don't think you're going to be able to dig your way out, and thus strongly urge getting professional assistance.

  7. #7
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Is My Survey Right

    My first question is : What is your survey titled? If it contains the word 'Mortgage" or "Inspection" then you have something that was prepared by a surveyor, looks like a survey, but isn't a survey. It's worthless.

    If it is titled "Property Boundary Survey", "Record of Survey", or something similar, you're in better shape.

    I don't know what the law in NY regarding the removal of survey monuments, but in CA, the neighbor's surveyor could get in considerable trouble for moving another's monument. If he can prove that the monument does not sit in it's original position, that may be OK, but to move it simply because he came to a different conclusion is unacceptable.

    When I worked on the eastern seaboard many years back, moving another's monument when one disagreed with its position sadly seemed to be standard practice for some.

    I agree with the others, get a competent attorney immediately, try for a continuance, and then get a competent boundary surveyor as an expert ASAP. Otherwise, you are almost certain to lose.

  8. #8
    Join Date
    Aug 2010
    Posts
    10

    Default Re: Is My Survey Right

    I agree with the others. get an attorney post haste and as his first duty get him to request a continuance to delay your court appearance. Also, have him contact the people/company that holds your records and formally request those reocrds. If your copy of the survey is official, signed, sealed, etc., then you have a good legal record in hand already. Going it alone against their attorney spells a probable loss for you.

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