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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default Property Line Dispute in Wisconsin

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

    Purchased a piece of lakefront property based on a Certified Survey Map. 3 years later I find out through the county that the adjacent neighbor's CSM is conflicting and now there is an "overlap" between the properties. This overlap is 33 feet! The county says it is unable to determine who owns the "overlap" portion. We are currently both paying property taxes on the same piece of land! The county is currently trying to iron this out and will get back to me "shortly". In the event that the county finds no clerical errors, is this were Title Insurance comes into play? How will this more than likely be resolved?

    Any comments would be much appreciated.

  2. #2
    Join Date
    Jun 2009
    Location
    Houston, Texas
    Posts
    75

    Default Re: Property Line Dispute in Wisconsin

    mm29 ask....

    "is this were (sp) Title Insurance comes into play?"

    It depends somewhat on your policy and how it was executed. Most title insurance policies insure only the lender rather than the property owner. Check and see if you are named as the insured on your policy (usually schedule A). Many title insurance policies are written without the benefit of a land survey. Check your title policy and see if there is a current survey exception (this would appear typically in schedule B of the policy and would say something like "subject to matters a current land survey may reveal"). Regardless if you can collect from the title insurance company ultimately they will hit the Land Surveyor for "damages" if there is a valid claim on the policy for a survey problem they did not take exception to.

    mm29 ask....

    "How will this more than likely be resolved?"

    I would start out by finding out who did the two surveys that do not agree and calling those surveyors. Ask them to talk to each other and see if they can't resolved the situation.

    I would start out here. Look at the surveys and get the name and registration number of the surveyors who signed them. Then contact the board in the link above and see if they can give you information on where they are located at and if they are still alive and practicing. One of these surveyors is probably guilty of making a mistake and is responsible for this but I just do not know enough about this situation to say that for certain.

    Good Luck and let us know.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Property Line Dispute in Wisconsin

    I find out through the county that the adjacent neighbor's CSM is conflicting and now there is an "overlap" between the properties.
    Basically irrelevant and you can ignore it.

    There are very few gaps and overlaps in the real world, only in county GIS systems which don't have the input of a licensed surveyor. Your own surveyor can sort this out for you if you have a problem.

    The county is not there for you to determine your boundaries, but only to collect your taxes. In every state, the defense of your boundary is left up to you.

    In Wisconsin, you have a County Surveyor who is a public official. You can contact that office for better advice at no further cost to yourself.

  4. #4
    Join Date
    Jun 2009
    Location
    Houston, Texas
    Posts
    75

    Default Re: Property Line Dispute in Wisconsin

    A Certified Survey Map (CSM) is defined here.

    Land Surveyor (the above poster) might know more about Wisconsin surveying than I do but it seems to me if there was an overlap one of the surveyors who prepared these surveys would be responsible.

    Below is the wording from the Act that the Surveyor would have certified to on the map.

    "3 . A statement that the map is a correct representation
    of all of the exterior boundaries of the land surveyed
    and the division of that land."

    Here is an example of a CSM.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Property Line Dispute in Wisconsin

    Deward Bowles asks a good question. I know several Wisconsin surveyors and have worked with them in the past.

    A CSM is simply a survey which meets a few basic standards, such as closing one part in three thousand or better. There is no implication that it is more admissible in court, or more correct, than anything else done by a licensed surveyor in Wisconsin.

    Here in Ohio, our minimum standards for every boundary survey exceed the CSM standards in Wisconsin.

    There are many potential factors relating to ownership rights. We have only a few of yours before us now. Please hire you own surveyor and get an opinion.

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