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  1. #1

    Default Installing a New Fence Along the Survey Line

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

    I'm looking to build a fence along the edge of my property. I had a land survey done this month and it also matches one we had done in the '95 when we bought the house. Here is where my question/issue comes into play. I have a neighbor that claims the property line is ~6 inches over from where both surveys found it (he has never had a survey done in the 30 years he's lived there). I want to have the edge of the fence run along the property line.

    How exactly do survey disputes work (I'm assuming that he will actually get a legitimate survey done)? How would a survey company prove that a different survey company's survey is wrong? I've heard that AP cases are extremely costly and time extensive; are survey disputes the same? Would the fence have to be taken down while it is under dispute?

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

    Default Re: New Fence Along Survey Line

    Survey disputes are rarely as costly as AP cases.

    How exactly do survey disputes work
    But you are not in a survey dispute. You have two valid surveys which are in agreement. Your neighbor has none. You are ahead 2-0 at this point.

    If your neighbor takes you to court disputing your surveys without a survey of his own performed by a licensed surveyor, it's highly unlikely that it will ever go to trial.

    With two surveys supporting your case, you can go ahead with your fence plans. No, you will not have to take down the fence while it is under "dispute". Without a survey contrary to your two surveys, there is no actual dispute.

  3. #3

    Default Re: New Fence Along Survey Line

    Let's say he did get a survey done that was showed a different property line and took me to court. How does a court determine who's right/wrong?

    Thanks for the help!

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

    Default Re: New Fence Along Survey Line

    A court will hear testimony as to the facts of the situation and then apply the law.

    If the neighbor hires his own surveyor, it's likely that the result will be the same as the two previous surveys. I would assume that would be the end of it. If the results are different, then it's time to get the two surveyors to discuss the matter and see if they can resolve it.

    It sounds as if you are giving more weight to your neighbor's opinion than your surveyor's opinion. Are there additional facts that might support the neighbor?

  5. #5

    Default Re: New Fence Along Survey Line

    No additional facts, plus he (the neighbor) claims that he got the survey results from the county assessor......

    I was just didn't know how a court handles a survey dispute and what is used to determine who's right/wrong. In my research I didn't find much on when two land surveys conflict, only when owners conflict.

    Thanks again for the help

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: New Fence Along Survey Line

    he (the neighbor) claims that he got the survey results from the county assessor......
    That's hilarious!

    County tax maps are useless for determining the location of a parcel line on the ground. If it's from an on-line GIS there should be clear disclaimers on each page to that effect.

  7. #7

    Default Re: New Fence Along Survey Line

    I work as a landman and visit county assessors' offices all the time and got really confused when he said they had survey results haha

    What our county's assessor does is take the plat map and lay it over an ariel shot and I think he thinks thats an official survey...

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