Re: Can I Hold Neighbor's Surveyor Accountable for Bad Survey Which Took Land from Me
When you purchased property in PA the common law doctrine assumes that you have had the opportunity to inspect it and also the title and that at closing, and when you accepted the deed, whether you actually inspected or not, you accepted the property and the title. For your $2700 you got an addition to your land probably well worth more than that, and an increase beyond what you thought you had purchased.
Possibly very true. But after the passage of twelve years your case will be dismissed as unenforceable. If it is your goal to win in court at this point, at any cost, budget five times that to get an uneven chance at a win.
I strongly believe the surveyor's logic would not stand in court.
Let me work through each question:
1. Do I have legal standing and if so, what is the basis for my standing?
No. You were a distant future non-participating third party when the survey was performed. There is no liability to such third parties.
2. Can I make the case that my neighbor’s surveyor has a legal obligation to me because I am an adjoining property owner that was damaged by their actions?
Unlikely unless third parties to the contract for survey were made parties to the survey, accepted at the time by both adjoiners. Unlikely in the extreme.
3. Is there a way around the 12 year statute of repose?
There are reasons for periods of repose and statutes of limitations. You are about to bring up fraud as an exception but a blunder by a surveyor is not fraud: it is a mistake actionable within the twelve year period by those who were parties to the original action. You are not a party and not within the twelve year window.
4. Is what they said about holding me accountable for legal fees due to misuse of process true?
Only your own attorney can answer that. Bringing an action after the statutory period has expired and as a plaintiff not with standing might be seen by a court as problematic.
Hope this hits all the points.
Resistance is not futile; it is voltage divided by current.