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  1. #1
    Join Date
    Apr 2010
    Posts
    4

    Default Neighbor Doesn't Agree with Survey of My Property

    My question involves real estate located in the State of: New York.
    I bought by house last year and recently had it surveyed (it was not done prior to purchase).

    While walking the marked property line I was approached by my neighbor. He believes that the line is about 20 feet off (that is, the surveyor gave me the extra land).

    While the survey was being completed the surveyor explain to me that my neighbors have senior rights--he had to establish their lines and give them what their deeds specified--and that I would get what was left; I understand that, and accept it. In fact, he found the measurements in my deed were off and that my lines are shorter than specified.

    So what happens now? I had a licensed surveyor mark the property; my neighbor has never had his property surveyed. Do I have to get a "second opinion" or is the ball in the neighbor's court?

    Thanks for any help/advice.

  2. #2
    Join Date
    Jan 2006
    Posts
    28,308

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    until the neighbor provides support for his claim, he has nothing other than his unqualified claim. If he disagrees with your survey, he will have to contract his own survey..

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    what jk said.

    So the surveyor, recognizing senior rights, staked out your land and the neighbor thinks that this is 20' on to his property?

  4. #4
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    Quote Quoting LandSurveyor
    View Post
    what jk said.

    So the surveyor, recognizing senior rights, staked out your land and the neighbor thinks that this is 20' on to his property?
    Thatís the situation. Evidently, he called the surveyor (who I assumed would contact me, but has yet to do so) who told him the line was in the right place. I don't know if I should ask the surveyor to recheck things (how often do surveyors make mistakes?).

    The neighbor is concerned as he uses that area for recreation. Truth be told, the area in question is on the other side of my property from my house, is rather un-usable, and Iíll probably never do anything with it. But, as a man who has lived his life in city apartments, never having anything that was his, my intentions were to put up fence; Iím rather territorial in that regard :-)

    My guess is that he won't cause any more problems as long as he can continue to use the area (with the distance from my house and the trees, Iíd probably never know). But when the day comes and I decide to put up a fence, I know he'll let his feelings known. And if he's right, I loose time, money, and a fence. Until that day comes I live with uncertainty and after spending a couple of thousand on a survey, I need to be certain. Besides, I donít want to pay his taxes

    I really have no idea how to proceed. Thanks to jk and LandSurveyor for the help.

  5. #5
    Join Date
    Jan 2006
    Posts
    28,308

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    have faith in the surveyor. Not saying the never make mistakes but realize there is quite a bit of education and training to become a surveyor and most, if not all states require a surveyor to be licensed. Their word carries a lot of weight in court so barring a contradicting survey, your survey is dependable.

  6. #6
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    thanks jk.
    he is licensed and from a very good school. guess we'll wait and see what happens.

  7. #7
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    360

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    Most often when a surveyor is mistaken in the location of a boundary, it is because he has worked only from his client's deed and blindly followed the dimensions stated within it. That your surveyor inspected the deeds surrounding your property, bothered to investigate the seniority of title, and account for it in his survey is a very good sign that he is competent.

    If you want to build your fence, let your neighbor know you are going to do so with a little notice. something like "Unless you can provide a basis for your claim that the line my surveyor marked is incorrect beforehand, I will be building a new fence along our common boundary on May xx, 2010."

    If you suspect that your neighbor is the type that might remove your lot corner irons, find out from your surveyor if he has control in place to easily replace them if need be.

    It seems to me that you're in a good position on this (no pun intended).

  8. #8
    Join Date
    Jan 2006
    Posts
    28,308

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    very good advice. I especially like the wording of the notice. To the point, not hostile, but clean and finite.

  9. #9
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Neighbor Doesn't Agree with Survey of My Property

    again, i'd like to thank everyone for their advice and assistance. as i hadn't met this neighbor until after the survey, i'm not sure what kind of person he'll turn out to be. i have considered taking a picture of the line just so that i have some frame of reference as to where it is, should the markers come up missing.
    the surveyor did tell me that should any of the line markers degrade (they are wooden stakes; only the corners are metal and capped) degrade, to let him know and he'd be able to re-stake.
    he's also creating a map for us and filing it with the county.
    thanks again. i feel a lot better about all this.

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