Discrepancy Between Surveys
My question involves real estate located in the State of: New York
I bought a new construction home and was presentedwith a survey from the town showing the neighbor behind our property had a fence on our property by 8 feet. The neighbor also had a survey but bis survey showed his fence was in the correct place and was not on our property. Upon closing on our house, a second survey was done by the town again and showed the fence was still on our property by 8 feet. As a result, our builder had a survey done for our neighbor which showed his fence was correct. Basically, he has 2 surveys showing the fence is correct and we have 2 surveys shkwing the fence is wrong by 8 feet.
What do we do from here when 2 surveys are correct?
Re: Discrepancy Between Surveys
When you asked the various surveyors involved to reconcile their findings, what happened?
Re: Discrepancy Between Surveys
Obviously both surveys cannot be correct at the same time but both may be accurate (for each property) if the surveys for each property were started from different survey markers. That would indicate that one of the markers used is not where it is recorded to be.
If both surveys were conducted starting from the same marker, you would find out where the problem lies.
I'm speculating that you bought your home in a subdivision and both your property and your neighbor's property have road frontage (back to back and each on a street). So the first question is does the combined depth of both properties match up with the combined depth on the surveys or is 8 feet missing? If they match, then some marker (it could be a survey's nail or the markers that were placed by the developer) is not recorded correctly. That's easy to check today with GPS survey equipment.
I'm just speculating as to how you come up with two surveys that say different things. Mr. K has the right idea, let the surveyors figure it out.
Re: Discrepancy Between Surveys
you had a survey from the town? seems unusual that a town would have a survey performed in a situation such as this. did they hire an outside surveyor or do they employ a surveyor in house?
while it's not terribly unusual for two surveys to have issues such as this, 8 feet is a huge discrepancy. when you have issues such as this, as the others have suggested, the first thing to do is speak to each surveyor and inform them of the issue. Often times they will work together to clear up the issue.