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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default Boundary Markers and Responsibilty for Survey Cost

    My question involves real estate located in the State of: TN. I have a new construction home bought about 2 years ago. 18 months after my fence was constructed by a professional fence builder, my neighbor is convienced that the angle (we both have odd shaped lots) has placed the corner 4 ft into his yard. He was already in the house when it was built and expressed no problem at the time. I apologized and explained the fence builder used the plat map and a builder placed stake ( which i realize is not a true marker) as a guide and assured him that if his theory is correct, we will move the fence. Unfortunatly, he has determined that the very faded spray painted lot number (so faint I never noticed it before) on the curb is the legal marker. Our plat maps do not have front demensions, only side and back to add to the confusion. He refuses to have the property surveyed unless I split the cost. Am I in the right to hold out for a survey, or does his spray painted lot number theory hold up? Also to note, if the lot number is valid, then my neighbor on the other side has his driveway on my property, which leads to my doubt the numbers are accurate.

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

    Default Re: Boundary Markers in Tn

    I'd say split the cost and get a licensed surveyor.

    There is no other way you are going to solve this if you don't agree on the line at this point. Make sure that you and your neighbor are in complete agreement about the surveyor, the cost, and the split.

    Working for two clients, the surveyor could ask for a contract and a retainer. That would not be unreasonable.

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Boundary Markers in Tn

    thanks for the advice. I have one more question. Because my neighbor likes to "creatively interpret" conversations, I feel it would be wise to send a very clear, certified letter. Are there any suggestions as to specific terms to use such as mutually agreed upon licensed surveyor, legal marker etc....

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

    Default Re: Boundary Markers and Responsibilty for Survey Cost

    I recommend that you agree on a surveyor first and a price.

    At that point the surveyor should be able to come up with a contract for professional services, detailing the services he will be providing, the time frame, and who will be paying what when.

    Good luck!

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