My question involves real estate located in the State of: Indiana
Our parents purchased property in the early 1950's. The neighbors purchased their property in the late 1950's. There was a "shared driveway" between them as part of our circle drive. Sometime in 1982 a friend of theirs became a county surveyor. He surveyed their property and told them that the entire circle driveway was theirs including the "V" between them. I understand that their property descriptions was in "rods". My father contacted the county surveyor's office and another gentleman came out to look at the first one's survey. He told us that it was incorrect. The first surveyor "supposedly" wrote the neighbors and told them that his survey was incorrect and they did not own the land. In fact, some of it had been originally listed as a "street" in an un-incorporated town. We assumed that the first survey had corrected the error at the Courthouse. My parents have passed on and the neighbor has been moved to a nursing home. His son is planning on selling the property. A private surveyor came out and surveyed the property and put the incorrect survey as the survey lines. We want to get this resolved before the property is sold. The neighbor said he will sell us what we think is already our property. We want to get the correct survey in place before we agree to purchase anything or pay for any legal issues. We have talked to the surveyor and told him that it was incorrect and sent him the write-up from our lawyer at the time. Is it his responsibility and his costs to do another survey based on the correct survey (old ones) and original plat of the town? Or should we just bite the bullet and take the neighbor' offer? It would give us what we already thought was ours. We could do adverse possession as even the neighbors' son thought it was ours? Does this call in to play the integrity and validness of the surveyor that they just had done in 2016?
I should also point out that the original plat of the town showed this "shared driveway" as a street/alley.
Thanks.
Betty

