Boundary Survey vs. Mortgage Survey

[sally1]

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


My neighbors recently had a boundary survey done before putting up a wooden privacy fence. I went out to speak with the surveyor because the way he marked out the property line it puts the boundary 4 feet from our house. We have a copy of a mortgage survey and that says the boundary is exactly 10 feet from our house. We have always used these mortgage survey measurements when it came to building anything on our lot. Never had any problems before.Everyone was pretty sure the line went right in the middle between the homes like it shows on the county aerial photos.

The surveyor found the original pins in the front two corners for the neighbor.He put new pins in the back corners of the neighbors lot.He also found original pins in the back(in line with the new ones) that marks some city owned property.

I don't understand how the surveyors findings don't match the measurements in our mortgage survey.Don't mortgage surveys have to be exact/correct before they sell a property? What we were told when we bought the house, as far as the property lines, just doesn't match up to this boundary survey.

I have recently read that a boundary survey is considered more valid than a mortgage survey or county aerial pictures. Is this really true? The neighbor said the zoning office told him to do a boundary survey and not rely on the mortgage survey he had before putting up a fence. I have spoken with some neighbors,but no one else had a boundary survey done to compare with this new one.Most everyone has mortgage surveys.

What are the chances the neighbors boundary survey is wrong? I am told by zoning that the surveyor they hired has over 35 years experience,and according to the cities zoning officers the surveyor *knows what he is doing*. The neighbor waited a few months after the survey and then put up the wood fence along what he was told is the real boundary.

Is there any point now in doing a boundary survey of our own since the original pins were found and the fence is up? Could the surveyor be wrong,or maybe the original pins he found are in the wrong place? Or maybe he found wrong pins?

This area was once farm land and they divided it into lots. Later it looks like 4 lots were divided up between 8 remaining lots. If we did a boundary survey, and it turns out the neighbors are right can we still go to court and get back what we always thought was our land?

If we do a boundary survey and it matches our mortgage survey do we need to hire a lawyer and go to court to have a judge decide which boundary survey is correct?

We have lived in our home about 12 years and the neighbors moved in last year.

[lwpat]

You need to talk to a real estate attorney. You may have a claim for adverse possession but it depends on the facts. It will also probably cost you between 3 and 5 thousand to go to court and then you may not win. Since he found the old pins the survey is probably correct. You may have an owners title insurance claim or a claim against the seller.

[LandSurveyor]

This is another horror story about "mortgage surveys".

Here in Ohio, they are regulated by law.

You can read it here at your leisure:

http://www.ohiopeps.org/4733/4733-38.html

IMHO it's still just a fraud upon the public perpetrated by the mortgage lending industry in general and title insurers in particular with the cooperation of a few surveyors.

The presence on the plat of a seal and signature tends to override the small print stating that it is not a boundary survey.

In Ohio, you have not come close to meeting the statutory period for adverse possession, which is difficult in Ohio in any case.

I suggest that you read the law above and decide for yourself if the "survey" you relied on meets the requirements stated. If you are dissatisfied, you can file a complaint with the Ohio Board at no cost to yourself. It will be carefully investigated.

[sally1]

Thank you very much for the input. Not sure what we will do.Thank you for the link. In the future I know now to make sure that a boundary survey with stakes/pins is placed before we close on a home.We used the mortgage survey(submitted to zoning) when we rebuilt our garage.

When we bought this home we got a mortgage survey when I asked for a current survey,and the realtor walked the yard with us showing us up to what areas we owned.

I have no ill feelings towards the neighbor. He did not want to encroach on anyone, and the boundary survey was the right thing to do. It is a bit hard getting used to the *real* boundary after thinking it was another way for so many years.

Also, I guess I am surprised that the measurements in the mortgage survey could be off so much. Had hoped that with a mortgage survey AND the arial photos from the county web pages,that maybe the two together trumped/voided the boundary survey.

I did look up the neighbors surveyor.Current license and no complaints filed against him.Well atleast we did not have anything encroaching on the neighbors lot like our house or driveway!

Thank you again!

[sally1]

I just wanted to add that we will probably do a survey to show not only the boundary,but everything that is located on the lot in relation to the boundaries.The neighbors boundary survey throws off all the information on the mortgage survey,so we should probably get something up to date and accurate.

No sure what the name of this type of detailed survey would be,but I think this is what we will do for now.

[LandSurveyor]

Sometimes things which are free/no cost cost you a lot more overall.

A Realtor (your "Neighborhood Professional") has no more legal qualification to determine boundary lines for you than to do a root canal on you. If a Realtor walked you around the property and incorrectly indicated the area you were purchasing, you need to file a complaint with the realtor's state board and get your attorney involved as the realtor's liability is substantial in this type of misrepresentation.

Your county GIS which provides the on-line aerial photos with property lines indicated has disclaimers which you should have read. My county in Ohio has the best GIS in the state and my side lot lines are off by about six feet for my 88 x 180 lot.

As for the survey you wish to have performed, just inform your surveyor as clearly as you have described here as to your wishes, and you will get what you want.

Finally, please do not take my comments as criticism. The odds are stacked against those who enter into a real estate transaction without the advice and representation of a good attorney.