How to Deal with Neighbors Who Refuse to Accept Survey Results

**rich3929** · 07-27-2012, 01:33 PM

My question involves real estate located in the State of: Pennsylvania

Back Story: The previous owners and my current neighbors always disputed an area of our property which comes out to ~.25 acres. When I bought the property, I paid to have a survey completed. The survey results came back in support of my side, and after a personal meeting, the neighbors refuse to accept the results of my survey. They claim they had a survey performed previously which supports their side. I paid my surveyor to research their survey, and he found an error in the math of the neighbor's original survey.

Short version: The neighbors are still in denial. I explained via letter that I would like to get this officially settled now. They sent me back a letter from their attorney that states "we feel you are wrong," but didn't offer specifics.

Question: Where do I go from here? I already have a fair bit of money invested into the survey and the research of my neighbor's incorrect survey. I would like to see it officially closed, and move on.

**BenT** · 07-28-2012, 08:16 AM

Beyond moving on - what are your expectations? Put up a fence etc? Plus, how long has the .25 acre been in dispute?

If I were you I would consult a real estate lawyer since they've obviously consulted with their lawyer regarding the property in dispute.

Ben T

**rich3929** · 07-29-2012, 05:51 AM

I have zero intention of using the land. It is densely wooded, and only serves as a bigger buffer between neighbors that I no longer wish to have much interaction with. The dispute has been going on since the late 80's with the previous owner, but it was never resolved.

I'm afraid of escalating costs, but if its time to lawyer up, then I would be willing to. I was hoping there would be some other solution. I'm really clueless here!

jk · 07-29-2012, 06:37 AM

Maybe the other surveyor is correct and your surveyor made a mistake.

The best is to let the surveyors resolve the conflict. Contact your surveyor and ask if he will resolve the discrepancy with the other surveyor. Since they are both (presumably) licensed surveyors, they hold equal weight at the moment. Since surveyors have an obligation to be correct, they generally like to correct an error so it doesn't end up in court. That error could be very costly to the actual surveyor as they become financially liable for their error as well as it sullies their reputation. Loss of reputation can actually be extremely damaging. They need to be able to be believed in court.

**rich3929** · 07-30-2012, 06:57 AM

My surveyor mentioned that he would have done that, but in this case the surveyor who did my neighbor's survey has retired. The neighbor's surveyor is also known in the area for not having the highest quality of work.

jk · 07-30-2012, 10:53 AM

well, now you have a problem. If the neighbors are dead set on their surveyor being correct, about all you can do is head to court. Your surveyor will have to testify as to why he believes the other survey is incorrect. A judge could accept that or s/he could demand either another survey or at least having another surveyor verify your surveyors calculations that show the error.

**BenT** · 07-31-2012, 08:01 AM

Quoting rich3929

I have zero intention of using the land. It is densely wooded, and only serves as a bigger buffer between neighbors that I no longer wish to have much interaction with. The dispute has been going on since the late 80's with the previous owner, but it was never resolved.

I'm afraid of escalating costs, but if its time to lawyer up, then I would be willing to. I was hoping there would be some other solution. I'm really clueless here!

Perhaps some permissive use agreement would save everyone money and end this situation once-and-for-all? The lawyers can write up a permissive use agreement and be done with it. Sure beats going to court which would be very $$$$ for a piece of land (which you own) that acts only as a buffer. Going to court may cost $$$$.