What to Do if There’s a Problem with Your Survey
Yesterday, we covered the basics of what a survey is and what information they contain, so today let’s talk about what to do when there are problems or issues with your survey. After you have looked over the survey of a property and realize there may be a problem, there are some steps you can take to get those items corrected. You can also look into this website bonniebuyshousesfast.com to get more details.
First thing’s first – call the survey company that conducted the survey to verify that what you’re seeing as a problem is correct. On rare occasions survey companies do make mistakes. If they have indeed made a mistake, you have several options.
- If the lender or title company has an issue with a fence line or similar issue, they may call exception to it on the title policy. What this means is that it becomes akin to a “pre-existing condition” in health insurance (the way they used to be handled) and it won’t get covered if there’s ever an issue or dispute over the matter. All parties sign accepting that exception as a part of their closing documents.
- You can contact the seller and ask for the fence or violating structure to be moved. Sometimes this is an easy fix and other times it can be very complicated. The seller may also need to contact neighbors to make the adjustment.
- If the issue is an utility easement, you can apply for a variance. This is basically a waiving of the utility company’s right to access a certain portion of the easement area. It can be time consuming, so the sooner you can begin to address these issues the better.
- Back out of the deal. If your concerns over an improper building, property line, etc. are not something that you feel you are willing to live with or something that cannot be properly corrected, the buyer may have the right to terminate the contract. As always, we recommend consulting a legal professional before terminating a real estate contract because there could be complicating factors.
A fun story in terms of dealing with this type of issue: Our company once represented a buyer who contracted to purchase one end unit in a newer townhome complex. When they went to get a survey of the property, it was discovered that the actual walls of the townhome extended a few inches into the property line of the neighboring unit. In theory, the neighbors could tear down the wall on one side (let’s say it was a living room) and there would be nothing the owner of that unit could do about it. Because it was a townhome where all of the units had shared walls, basically the whole structure had been built a few inches out of line and every single unit in that building was impacted with the same problem, right on down the row.
Eventually, with a lot of phone calls, door knocking, and paperwork, the issue was resolved. Basically everyone in that entire row of townhomes signed documentation giving those few inches of property back over to their neighbors in keeping with the building lines (not the property ones). As you can imagine, a situation like this could easily turn into potential for disaster. Luckily, all the owners were able to work it out with a bit of compromise and the problem was resolved.
image courtesy of edillalo
Thanks for explaining what a variance is. A friend of mine recently bought a new piece of property that needed to be surveyed before the title company would accept the title. He said they had applied for a variance, but I wasn’t sure what that was. Thanks for clarifying.
Can someone please help me? I put my property up for sale the realtor has me listed at 1.07 acres I’ve lived on my property almost 30 years I have a survey from 1979 one in the 80s and another one in 2005 I really don’t know how to read it but it says I have right at 2 acres from what I was told for some reason the city property appraiser has me down at 18.7 acres this is when a new survey was done by a church that was being built next to my property , They were sued by an investor when he came through wanting to buy my property and two other parcels next to my home that was back in 2007 the church lost in the property was supposed to go back to where it was listed the right acreage meet s, boundaries etc. I need to find out if there is anyone that will reasonably charge me for a survey on my property in other words not cost me an arm leg and my entire body if anyone knows anyone that can help me I live out on the W. Side Normandy Blvd. area thank you
I have been dealing with constant trespassing after fourteen years. My deed is straight forward. Three surveys each came out differently. Come to find out the square footage was not registered correctly forty years ago. I now have my neighbor cutting trees. Used my square footage to build and enclose my property cutting me off access to my own backyard and septic filtration system. He dragged me to land court. Even though the Judge clearly stated to survey his land he took it as carte blanc. Destroyed all natural vegetation. Pushed parking lot into me. How can I get help to repair this when the surveyor refuses to give me the correct footage so I can move forward. Utterly beyond disbelief at the town and surveyors refusing to give documentation.
I agree that having your property surveyed is a great idea to avoiding problems down the road. That is smart to call the survey company and arrange a time to get your land evaluated. I like your idea of making sure your find a reliable property surveyor, so that you are sure your property is in good condition.
What do you do if you have two different surveys? We had a survey done on land we purchased from my mother a year ago. A neighbor just bought some of my mother’s land as well and had his own survey performed. These two surveys are not the same. It’s not a big difference but we don’t want to sign anything until we know which one is accurate. We don’t want our son to have to deal with this headache of figuring all of this out when we are deceased. Any advice will be appreciated. How do surveyors work out their differences in a case like this? Who decides who is right? So many questions and we are not sure what to do.
If the discrepancy is noticed during a purchase, it would be a question for the lender (if there is one involved) and the title company. If it is not under contract to be purchased, we’d recommend calling the survey company (or companies) involved and asking them what the next step should be. Mistakes can be made and if it was two different survey companies they may have some conflicting info. It gets more complicated by the fact that it sounds like you’re splitting off some parcels and by doing that, creating new pieces of land…so you’ll want those surveys to be accurate for the future. The surveys may need to be modified to correct the difference (we assume there’s some crossover from what you’re saying and that a piece of the land is falling within both parcels’ survey boundary lines). Please update us when it is resolved, we’d love to know the outcome.
I should add that this is a great example of why the T-47 Affidavit is so important when using prior surveys. This doesn’t apply to your case, as it sounds like these are new surveys, but it serves as a reminder for future owners who many want to use prior surveys when they sell.
my father sold a puece of land to a woman who had a contractor build her a house.She couldnt affird the hoyse and sold it. The same contractor and lawyer sold the house to someone else.They had it surveyed and added 50 ft across the front to the deed. My dad brought it to there attention after he recieved notice from land commission lawyer told my father thete wasn’t anything he could do about it . What can we do.Owner of property told me he was above the law. Id like to show them
What can I do after closing on the property, and I find the survey is 5′ off on property line not in my favor?
We would recommend you call your Realtor and they can help you talk to both the company that did the survey and the title company. The title company may be able to correct the error and/or the title company maybe have a claim against their title insurance depending on how it was written (and any exceptions that may exist). Your agent can help you work through those particulars and get the corrections done so that when you go to sell the home, you won’t have an issue when it is discovered that there are issues with that survey. Good luck and let us know how it goes.
I have a similar issue but in my case, I have the original survey that was used during the closing process that showed no encroachments only to find out after moving into my home that there is in fact an encroachment (pre-existing). I contacted the original Surveyor who came out and confirmed the encroachment as missing from his Survey Notes that should have been referenced on the Survey prior to closing. As part of my closing paperwork, I purchased the Survey Insurance along with the Title Policy. After the Surveyor realized that the original Survey was not accurate by not disclosing the encroachments, he modified the original Survey, did not update the dates on the document and then forwarded it to me as a final document after I had completed the closing ( I believe this is a fraud act if I am not mistaken). Had I known about the encroachment (solid brick wall that cannot be moved with drains that flow directly onto my property) I would not have purchased the property. Are there any case history files that you can point me to that have similar situations so that I can understand how to work with the Title Company involved in this transaction to reach and amicable resolution.
That sounds like quite a mess. I would definitely recommend you call your agent and perhaps speak with an attorney about the situation to see what your next steps should be.
This same issue described above by “R” happened to me. Everyone I turned to – agent, closing lawyer, title insurance, surveyor, village officers, local politicians…kicked the can. Hired lawyers and $50,000 later…no resolution and stuck with survey that shows encroachment (less than 3 inches). Wondering if “R” was able to resolve their issue.
Our county claims a survey from 70 ish years ago was in error. The county is now “taking” one acre of adjacent private property to correct an old road survey. Does the adjacent property owner have claim for taxes paid on that acre or for the land being taken to adjust the county’s error??
What if the original survey by the state was wrong. To the tune of 140feet! Looking at the plot map it is noted although neither party on each side owns the property. On the one side it is state land. The other is private. It seems no one owns this land.
The original surveyors made a mistake. It is noted but not corrected. We are talking 140 feet of land thousand of feet long.
Sorry I wasted your time. I already know the answer. Lawyer up!
Walt – It’s definitely not a waste of time. 🙂 We enjoy hearing the questions and trying our best to help. Of course, there are always so many variables to situations like these and it’s best to get the original people involved – from the surveyors to the title company to, in your case from what it sounds like, the government. That kind of stretch of land adds up and it’s best to know who rightfully owns it and get any mistakes made fixed. I recently listened to a piece of the radio about land management in the Rio Grande Valley and how some of the “rules” of how things were measured (and from what point) and it affected the land owners negatively. There are often amendments filed for plat maps that aren’t as easy to find in public record searches (you have to know what you’re looking for) and those can often lead to clues about what’s happened and how. This is why the work title companies do is so important, as they have to look at all of those factors in determining their title insurance risks. We’d love to hear more about the eventual outcome of all this, so please drop by and keep us up to date. Thanks!
I purchased a town home several years ago that has a similar error in the survey that you described. My neighbor owns about one foot of my property on my side of the shared wall. My realtor advised me that this did not matter since my neighbor would not tear down the wall for one foot. The title company noted this issue.
I am now concerned that I may have an problem when I try to sell. Is there any way for me to fix this now? If so, any ideas on where to start? Do I need an attorney? Appreciate any advise you can give.
We would recommend you contact the title company and ask them to point you in the right direction. We’ve heard of some cases of whole rows of townhomes being off by a few feet and in order to correct the errors they had to have someone come out and redo the whole block of them. This of course requires cooperation from everyone involved, If one is off by a foot, there may be others that are shifted a foot or two over their lines. It can get quite complicated. The title company should be able to take a look at the big picture, see what’s happening and help get the right people involved (lawyers and surveryors most likely) to untangle the whole thing.
I am having a title search done because I am purchasing a townhome that is 6 years old. The attorney just informed my realtor that the recorded survey of the townhouse with the town is different from what he found. The seller doesn’t want to pay for the survey, nor split the bill for the survey. I don’t want to pay for the entire survey either. Is this my responsibility solely? We have already conceded to a couple of issues with this seller, namely closing within 30 days set.
Who pays for the survey should be covered in your contract (it is in Texas). Check the contract and then bring up the issue with the title company.
Hi my son and his wife are having their first home built. the house got to the bricking up stage and would have been finished in the next month,
but 4 people complained that the house was 3 meters to close to the front of the property. It turns out the surveyor pegged out the slab for the
house in the wrong spot. The building has come to a halt because of the complaints. This has been going on since September 2016. The surveyor has not been doing the right things with the council and will not return phone calls. My son has 2 small children and this is causing a big financial and personal problems for them. Could you suggest some one to talk too who could get the council moving.
I noticed you used the word “council” a few times and then that your email address was a .au address – Australia. Your real estate can be quite different than ours, so you should talk to a local agent that knows how your system works. Email our friend Peter Brewer (you can find contact information on his page at http://www.thatpeterbrewer.com and ask him if he knows a good local agent that can help answer your questions.
I need help with a land severance gone wrong
If something went wrong, you definitely would want to call a lawyer for advice on what steps to take next. We would also suggest calling your agent, the title company, and the surveyor to try and gather as much information as possible so that the lawyer could get the big picture of what happened, where it went wrong, and be able to look to see what the next steps should be.
My parents built their home in 1961. The home next to them was not built until 1973. No surveys were done for either home. Building permits were issued by the town officials and contractors arrived and built the homes. In 1977 the home next to them was sold and new owners moved in. They remained neighbors next to them for the next 30 years . The lot line between them was designated by a row of privet hedges. All was fine. In 1997 my parents tore out a section of the privet hedge and replaced that section with a privacy fence. Again, building permit was obtained from town officials and fence went up. Neighbor of over 30 years waits until 2007 and decides he doesn’t like the fence and gets his property surveyed for the first time ever…………..3 times………. with 3 different outcomes. …………… 2 of which show encroachment of my parents on to his property and puts the fence in jeopardy. Lawyers representing both sides really never got anything accomplished for about 7 years and life was hell from that point forward. Thankfully, that neighbor decided to sell their house in 2015 and move away. New people move in and were great. They had no issues with the lot line when they bought the place and life was good. Spring of 2017 “the fence” is now 20 years old and needs to be repaired or replaced. Financially, after working with the fence company, it made sense to replace the existing fence. Again, a building permit was obtained and issued by town officials. Fence is paid for and arrives to be built. Neighbor comes out of the house and says “NO” there is a property line dispute and the fence company packs up and leaves because they don’t get involved and will not return until “someone” signs off on the fence project. Fence company charges my parents a fee for coming that day. HOW ARE WE EVER GOING TO GET THIS RESOLVED?
More facts to keep in mind:
1. The surveyor that does most of the work in our county is the one survey that puts “the fence” onto the neighbor by about 4 feet.
2. That same survey puts the neighbor’s cement foundation of his house right on the lot line of the adjacent lot to him (obvious building code violation)……..remember this house was built in 1975 with no survey
3. That same survey puts the neighbor’s garden shed about 4 feet onto the adjacent lot to him
4. This 4 feet discrepancy continues throughout the whole block until you reach the the last lot that is now 4 feet onto village property out into the street.
We are back at the lawyer and he is suggestion the same strategy as the last time. This includes putting a packet together of all existing evidence and present to neighbor to get him to back down. My parents are wearing down fast.
They are 54 years living on said lot line. That line recognized by village officials for all building permits. That line recognized by 3 other houses built to finish out the block ( my parents house was the first house built. That line recognized by one of the 3 surveys (inside info neighbor refused to pay for this survey). That line recognized by village officials when neighbor put in a black top driveway and retaining wall. That lot line recognized by village officials when neighbor built 2 car garage.
How do we now say……….NOPE THIS LINE IS NOT RIGHT AND YOU CAN’T REBUILD YOUR FENCE AND NOW WE ARE GOING TO LIVE BY A NEW LINE???????
So now do WE say………….IF I CAN’T REBUILD MY FENCE YOU NOW HAVE TO MOVE YOUR HOUSE BECAUSE YOUR FOUNDATION IS SITTING RIGHT ON THE LINE ADJACENT TO YOUR OTHER NEIGHBOR AND WOULD BE IN VIOLATION OF BUILDING CODE???????
Can someone please advise me on how to proceed with my parents? This is so upsetting for them. To think you have lived on your property for 54 years, been good neighbors, assets to the community and then have their only possession have this huge black cloud over it.
This is quite complicated and definitely something where you would want to seek the advice of a real estate attorney. Land and boundary disputes can be very complex and involve multiple parties (the owners, title companies, surveyors, attorneys). It sounds like this has been going on for quite awhile and there are multiple issues. Having had lawyers involved already involved and no resolution makes us think that there is a lot more to the issues than a simple answer could accomplish.
At closing I was handed a survey that showed no discrepancies. After signing on the dotted line I got and walk the property boundary and discover the property line goes right through a neighbors shed. (His shed halfway on my property). I met with the survey company who explained that they “couldn’t believe they left that off”. They reissued me a new survey showing the discrepancy. I have been unable to speak with the neighbor yet (it’s Florida and he is seasonal). The big question is…. now what?
I would not have closed had I been given a proper survey.
We’re not familiar with Florida real estate laws, so we would advise discussing with your agent, the survey company, the title company, and potentially, a real estate attorney.
Hi Matt
I bought a piece of property that was replatted . Basically the owner took a large piece of property and divided it into two and sold both . Based on the survey we bought the property and had our architect draw up plans . We are about to build and just learnt that the original Survey that was done by the survey company and seller was not correct.
We just learnt this because we are about to start building and thought it best to have the lot resurveyed . We learnt from the new surveyor who has now done it twice that the lot is not square as the original survey indicated and the house will not layout like the architect has plotted on the site plan.
This is not good to say the least ..
Can you offer a few suggestions on how this should be handled ?? My guess is that we too need to lawyer up. However , any suggestions would be helpful. We have owned the property for almost three years now but never would have bought it had we known the survey was not correct.
YI look forward to hearing from you as soon as possible ..
Thanks so much
Wendy – it does sound like this would a case for an attorney to look at. If the survey companies are arguing about who’s right, someone has to step in and make that determination. This is a part of why title companies exist, as mistakes are made and someone needs to insure that the property is legally owned by the person selling it and that the property matches records defining it. Prevents people from selling land that they truly don’t own (or at least gives someone recourse when it does happen).
My survey says that the land owners to my north don’t all recognise my boarder and they should be informed . I have 16.5 acres and at the time of purchase , approximately 7 years ago , my lawyer said it was no big deal . I didn’t buy that answer but being so busy at the time it never got resolved . Now some logging is happening from those neighbors and I want it fixed .
I called the lawyer who handled it , he said to pay the surveyor to steak the area and put up no trespassing signs . The surveyor won’t stake it now due to the issue . I guess my next step is to find out who the property owners are and work something out ? Would my town hall know who the land owners are ?
What if, the surveyor missed the the building set out line at the front of the building? We had a survey done prior to buying a newly constructed home nine years ago. We are in the process of refinancing our existing mortgage, already talked to lender and title company, the process is at halt because the revision is needed. However, the surveyor said the survey is to old and a new one is needed “anyway”. I am puzzled because I did not know surveys expired. No changes have been made to the foot print of the home and no new variances or anything has been filed that would affect the existing survey, had it been done correctly the first time. We bought during a time when developers where building left and right, they had “partnerships” or a sister company who financed loans for their buyers and a title company was already lined up. We had the option to select another lender (that was quiet the negotiation process trying to go with our own) and title company but they offered a “discount” for using theirs. The surveyor and appraiser were also the same for all the homes in our neighborhood. Anyway, bottom line we need a new survey and I am not sure we are responsible for footing the bill because someone made a mistake is not in a position to make a revision. Shouldn’t the surveyor then complete a new survey and absorb the cost since it is his own mistake that keeps us from moving forward?
Because you mentioned it was a new build, we would probably look to the survey to see what it was exactly. Builders often have a preliminary survey done before they even build the house that gives the basic information, but should note on there that it is preliminary. We suggest getting a new survey done upon completion of the home as there can be variations from the plans to the final product. This could possibly be the issue that you are now facing. We would suggest talking to the survey company and finding out exactly what it is that they are saying is the issue with the survey – as surveys don’t “expire” but if there have been changes that cause the survey to be incorrect, it can be a case where a new one is needed. As you also mentioned it’s a refinance, the lender will determine what they need, so we would suggest calling them as well.
we just found out that the surveyor was recorded incorrect on a home we purchased two years ago. The story is a huge land was purchased from one buyer who build three homes on this property back in 1928. The main house build was extended to the house next to it (granny home) since the owner owned the huge land he decided it was okay to use up that piece for him main home. The house was sold more than 2times and now a new owner as of this year and all somehow missed this on the surveyor books. We found out that our property is half of this main house and the new owner is aware. We don’t know too much about the laws but what do we do know?
Just from our posts about surveys, we’ve seen just how common these issues are. Especially in areas that were built up before the laws and regulations governing land use really took hold. In a case like this it might be about “redrawing” the surveys, which could involve a legal purchase and deeding of a piece of the land from the main house over to the house you own. You will probably need to talk to a real estate attorney and a title company to try and untangle it all. Hopefully, you and the owner of the main house can come up with an equitable solution for both parties.
So ive ran into a issue with my home. I have a 30×30 building in my backyard an the neighbor behind me says its on ten feet of his property. I was concerned so i hired a survey to find my corners to make sure it was accurate and it turned out I had 10 feet behind my building what should I do about the discrepancy we have between our two surveys?
It sounds like you need to discuss the issues with the two survey companies. Often survey companies use a combination of on site visits and local (city, county, etc.) to put the survey together. There might be a mistake somewhere. Ask the title company you closed at about the issue and they should also be able to help guide you to a resolution.
Owned a lake lot and when I went to refinance (building an addition to the existing house) it was discovered the original survey done in 1964 was incorrect (approx 1/4 acre) in identifying the 448′ elevation property line which is the property line of the lake. The water authority signed over the 1/4 acre that they owned ‘incorrectly’ but since the property at and below the 448′ elevation is in the city limits, the city is claiming the 1/4 acre is still within the city limits and wants city taxes. Most of the property on this lake above the 448′ elevation is in the county, and only the body of the lake (below the 448′) is within the city limits.
I purchased land and went to get a building permit
But because the survey was recorded with planing and zoning I can not get a building permit and I am told because it is only 37 acres not 40 I have to apply for a verance
What the heck- what can I do now???
The process for applying for variances or filing varies from location to location. Check with a local title company or the real estate agent you worked with when you bought it and they should be able to point you in the right direction.
Hello,
I saw a plot of bare land or sale-88 acres, I wanted year around live water on the land, no HOA, mineral rights, close to utilities. I asked the realtor if the land had been surveyed, he told me there was a survey, year round water on the property, no HOA, comes with mineral rights and utilities at the road. Fast forward to the title company, who told me the survey couldn’t be used because it didn’t have any measurements. I don’t know how anyone can represent a plot of land without knowing the measurements, but I shopped and had a new land survey done, $3400 out of my pocket. The land survey came in and the land is 77 acres and it looks like someone else owns both sides of the creek that the original plot map showed as part of the 88 acres. The original 2 maps on the agent’s land advertisement represent the accuracy at about 80%- the 20% not being represented in reality was the selling point- a long stretch of year around creek along one side of the property-about 40 acre length of creek.
I don’t want the land when someone else owns the water, how do I get my money back for a survey on someone else’s land?
We would recommend discussing this with the title company. In our area, the title company would have run a title search to dig up that kind of information. Check your title commitment for any exceptions to coverage as well.
We bought our house a year ago and had a survey done. The survey outlined our property and stated that our shed was in fact on our land; which is why we bought the house.
Nine months later the same Survey Company and same surveyor did a Survey for our neighbor. That Survey puts our shed on his property!
He is building a fence which is on our property according to our Survey but on his land according to his Survey!
What recourse do we have? Is the Survey company on the hook for all costs, damages, etc?
We would recommend calling your agent, the title company, and the survey company and finding out what happened and what your next steps are.
I bought a lot (6 acres) as agricultural land (zoned A-1), the zoning was stated on the original plat approved by the county zoning commission and all the members of the board. A year later, started clearing the land and when I went to get a burning permit at the county zoning commission, I’m told that the plat is wrong and the land it’s not agricultural, claiming the survey is incorrect. Ok, the survey may be incorrect but the approval was given/signed by ALL county official with the land as A-1. Now, one wants to take responsibility and county just simply said the survey is incorrect and you can use it as agricultural. I went to the title company and they want to have no responsibility either although, I told them thats why they get paid to ensure that everything is legal and verify all public records. The ONLY reason why I bought the property was to have it as farm land and now it is useless to me because of someone else ‘s negligence approving a government issued legal document ( plat) with obvious incorrect information (county officials) and the title company not verifying all legal records and issuing a deed with false information. Who’s should assume the responsibility?
That most definitely would be a situation to get an attorney involved. Land records and title can be quick complicated, so we’d recommend looking for someone with experience in real estate law and title issues.
I have 15.22 acres in Parker county. I sold 5 acres to a neighbor. I had it surveyed and we closed on it. Then we got a letter saying we had to contact the county attorney to see if it had to be replaced. Its not a subdivision just 5 acres being sold off the original survey of at least 30 years and new survey.just raw in improved land.
Not replaced ” replattted”
It is possible that the county may require that. It definitely would be a good question to take to the county and/or the title company to see what needs done.
I bought my house in 2009. July of last year a guy bought the empty lot next to mine. His lot and mine were originally owned by the same person since 1945. She sold to the company that I bought the house from and still had the empty lot next to me until last year. The new guy is now saying my house is over his property line by about 5′ and he’s upset because he now can’t build on the property. My house was built in 1945 and even the driveway (which the city puts in the entrance for) is over the line. In looking up all the surveys and info for the properties I’ve discovered that the survey done for the company I bought the house from in 09 was done incorrectly and shows my house in plats 19 and 20 whereas the city GIS site shows me in 19 and 18 (his property). I already have a meeting scheduled with the lawyer that originally handled the closing on the house and have talked to my title insurance company and original mortgage lender. Do you think the new neighbor has any leg to stand on. I have a feeling that I’m going to end up spending a lot of money just because he bought property he couldn’t build on.
after survey has been approve what happens nxt
As long as the survey is approved by the title company and the lender, then the contract would move forward. If it isn’t approved, then it would depend on what the contract said (ie who pays for a new one).
Have owed a piece of beach front land since mid 1970’s, had a survey done 1974 and recent survey 6/18 (neighbor encroaching on my property) and found recent survey off 20 feet, not to my advantage. All deeds going back to 1914 to my deed give the same survey measurements. What can I do having paid a lot of money for this new survey but find negative, different results?
Might be worth going back to the title company and asked them. You may also want to ask an attorney – usually if there are discrepancies on things like this, it is best to seek advise from an attorney.
Hello, I woke up this morning to my new neighbor tearing down the fence that my old neighbor erected. A friend of the owners, a land use lawyer, told me they are planning on putting up a new fence right on our property line, which she says there is no law against it. The problem is that would put the fence only a couple inches from the brick wall of my building, which would prevent any access to do repairs, let alone see out my window! I was under the impression that legally they must not block my access., or at least make allowances for me to get to my property. I’m hoping to reach a compromise, but am wondering if it’s possible that they have some legal responsibility to not block my access by putting the fence so close to my building that I can’t squeeze between the two.
We have a piece of property in Prineville Oregon. We purchased it about 15 years ago. The neighbors are developing an RV park they had the property surveyed and they are going to be taking 20 feet of our property. The county surveyed this property many years ago and so everyone’s lot line is 23 feet incorrect. Are they able to take our property?
This would definitely be a question for a real estate attorney in your area. As laws vary from state to state, it is especially important to find someone who focuses on your local area to make sure you are getting the information that best guides you to what your next steps are.
We just had our house built in a new development and are looking to install a fence… The developer/builder would not mark the property boundary lines. Obviously they had to have a survey done at some point to know where to put the house, but there are no stakes or anything in the ground along any property line.
A) Does anyone know if they have an obligation to mark the property lines for us, especially with it having been a new build?
B) Does hiring a licensed surveyor count as us doing our due diligence in case there is an issue? Would that move the financial burden to the surveyor, if they were incorrect and we were forced to move the fence?
Thank you!
Often new construction doesn’t come with a full survey, but what builders call a forms survey. These forms surveys are typically not acceptable for use on a subsequent sale (like how you can often use an old survey along with a T-47 on pre-owned sales). They are generally done before the house is complete, so they are not quite as accurate as the final survey. If you want a full survey, it is probably best to order one. This gives you a clean, accurate, up-to-date survey and puts some responsibility on the surveyor (check with them for their specific responsibility/liability if things go wrong). You can also talk to the title company, which may offer coverage for some survey issues under your title policy (again, best to get specifics from them on what they do and do not cover – some coverage is optional as well, so you definitely want to speak directly with your title company so that you are discussing your particular policy).
Help! Recently bought what we thought was 1.45 acres of land adjacent to our cabin. This was based on plat map provided by developer. After closing, I checked county records and the lot was recorded as 1.28 acres. They never informed us of this change, only telling is that the plat had been approved. We would have offered a lower price had we known that the lot was smaller than represented to us.
Do we have a case to sue developer (this is in Wisconsin). Thanks!
Hi Keith – we’re not really sure as we aren’t in Wisconsin (real estate laws vary state to state) and as agents, it’s not really in our wheelhouse to give legal advice. Your best bet would be to contact a real estate attorney locally. As with any real estate matter, there is a lot of information relating to the contracts and title commitments that could change things one way or another.
I am in the process of purchasing a home that is improperly coded on county tax records as a doublewide mobile home. It is actually a single family modular home on a poured concrete foundation and considered “real property” not a mobile or manufactured home. What is the process for having this corrected?
Sounds like your best bet would be to talk to the county first and see what their process is for having it corrected.
We have a Quit Claim Deed for a Property boundary line change done in 1988. We live on a Lake in Michigan. The change gave us an additional 10feet of Lakefront and the other party an additional 10 feet of parking space, roadside. Recently, the land and Cottage on it was sold by family members as the parents who owned it passed away. All copies of changes and deeds were given to the new owners. No surveys were done at the time of the sale. About 2 months later, when we put our dock out, the new owners decided a survey needed to be done. Apparently bad information was given to the Surveyors, because our property line was moved back to the original corner lot line of the Plotted land done in 1928, as it was before the deed. There was also a Title Insured Boundary change done in 1967 that was he original boundary change for this lot. We lost our 10feet of additional Lakefront to a bad Survey. We tried to show the Surveyors, but were sent away. What can we do?
Live in Tega Cay, SC. Been here 24 years. Our survey company is the same as our new neighbor. Surveys show same. But now the neighbor says that he feels the metal iron post in ground , that determines the corners of lots, is wrong. Surveyor is coming out to verify. Is there a law that says past a number of years, it’s too late to fix.
Not sure on that – that would be a great question for a surveyor and a lawyer who specializes in real estate (and land issues). The law could vary from place to place as well.
The closing on my house didn’t happen because of a bad plot plan ($300). The surveyor first showed up at the wrong property (thankfully was stopped), then days later showed up the afternoon before the closing. Didn’t turn in the plot plan until an hour and a half before the closing. The plot plan didn’t match the deed. The deed has two parcels of land. Only one parcel was plotted and said that the back yard isn’t part of the property (almost 40 feet). This was my grandparents house and I also know the original owners. I sent maps of the old town layout from the highway department and deeds for my neighbor’s property (which our two parcels were purchased from) to the surveyor. He got angry with me and refused to change the plot plan (even though he did it wrong in the first place) and said we needed a full survey ($4,000). I asked when that could be done. He disapeared for two weeks and I had to have my attorney let him know we were going to hire someone else if we didn’t get a response. Then we get the contract to sign to get the survey done. I have already done the work for him showing that the properties are set back from the road and not on the curb. The property behind us and my neighbor’s house has been surveyed and pins are in. If he comes back stating that the back yard isn’t ours (and our neighbor won’t own theirs as well), can the srveyor be taken to court? What are the options? Next steps to prove the land is ours? There’s a fire pit, shed and gardens that have been there for more than 45 years.
This one sounds like there are several sources of info that are making it much more complicated than your normal run of the mill survey. We’d say to check with your title company on what their thoughts are and then from there, a real estate attorney. Sounds like this one won’t be simply solved and may take some serious document searches to prove the passing of the pieces of land to different parties and how the land was carved up over time.
I have a similar scenario in that mine and my neighbor’s survey show the same property lines but the iron post in the sidewalk which is apparently a control point is not lined up with our property line. Its actually inside my property line. The neighbors cut their grass and have put up their fence (which is encroaching on my property according to my survey) according to the control point in the ground . I asked a surveyor why the iron point in the sidewalk is not lined up with the property line and he said it was probably moved over so as not to interfere with the street light post which is actually right at the property line. I went to the city and asked which takes precedence and they said the property line indicated on the survey takes precedence. So, I cut my grass according to my property line on survey while my neighbor cuts their grass according to the control marker in the sidewalk. Would love to have this resolved and know who is actually right once and for all.
Last year 2018 I tried to sell my home. I had a buyer and signed contract. However, the buyers title insurance company said that there was something wrong with the deed to my home and it had to be resurrected because either the city or the previous surveyor had not signed off on it. This caused her to back out of the sale and then I was unfortunately going to be foreclosed on so I had to file bankruptcy. To my knowledge when we purchased the home /property we never knew that this mistake happened in 1996. I have been taxed on the correct subdivision along with my parents who kept 1.5 acres upon selling to us. For 25 years I have paid on 3.5 acres and my parents have paid on 11.5. Also, I believe at the time we purchased the lendors title insurance but not the owners title insurance.This has caused me so much turmoil and I had to pay for the new survey and being threatened to be dismissed out of the bankruptcy due to the time it has taken between the planning and zoning office along with the new survey company. Is there any hope anything that I can do to be compensated?
This one sounds complicated. With anything of this nature, our recommendation is to call a real estate attorney. It sounds a bit stange that you have a lenders title policy, but not an owner’s policy…I think it may be a case where you you didn’t pay for it, but perhaps the seller did. It’s not all that uncommon for sellers to pay for it in our market, so we’d recommend looking into that…our guess is you do have a title policy based on what you’re saying. Depending on what the issue is, there may be recourse via the title insurance, but that would depend on what the issue is and what your title policy covers (like any insurance, there are items it does not cover).
I found it interesting when you said that if the lender or title company has an issue with a fence line or similar issue, they may call exception to it on the title policy. My dad told me that he wants to make sure that his second home is properly and legally divided on the title. I will tell him to hire a professional company to do a land title survey so that he won’t get any mistakes.
6 years ago i bought the land next to my property and performed a survey. I built a fence and now a builder is building a house next to my land and he did his survey and its overlapping my land by 2 feet. I called my survey and they want to charge again to send the crew back and double check. I already sent them my survey and the contra tors survey so that they can compare it. But they cant tell me wich one is right. What can i do in this case??
We are now in our 4th year of living in our new home. Last spring we had an issue with our well water and it was discovered that our well was not even on our property. The original owners purchased an 11 acre plot with our home and then sold us 5 of those acres with the house. They built a new home on their 6 acres. We found out through testing our water, that the well is actually on their 6 acres. My husband did some legwork and found that the survey we have from closing, marks the well in the wrong spot. Our title insurance company wants us (along with the previous owners) to just do an easement. We do not think this is the best solution, especially if we want to sell our home in the future. The survey company admits they messed up, but we cannot seem to move forward with getting either a new well or the property lines adjusted. Do we have an options?
I was curious how you made out with this issue. I have the same issue with a survey that incorrectly shows a well at closing on our 11.5 acres and it is actually on the neighbor’s land according to our survey. We have put in a claim with our title insurance and it was initially denied due to lack of proof. We then got it surveyed and now have submitted proof of our well encroachment onto neighbors property. I certainly do not want an easement as the well has run dry on us several times and that is how we have come to discover the location of the well. We need to drill a new well as I look at it as we purchased a house without a well. We just purchased the home 3 months ago. Did the title insurance pay for a new well?
Hello my question is;
We bought 1.1605 Acre lot but our Surveyor says it’s only 1 Acre lot. We have checked with the Appraisal District, County Annex & County Clerk and our Realtor and all the Realtor Websites. They all match up with 1.1605 Acres too. The Surveyor says he’s going by a Plat signed and made in 1947 .
I explained to him that these properties have been sold and divided since then.
What do I do about this issue?
As with most questions about disputes in real estate, your best bet is to talk to those involved in the transaction (agents, title companies, surveyors) – if no one can give you the answers, then it may be time to refer to a real estate attorney.
It’s very important to hire a professional land surveyor and has years of experience for less mistake. We are a team of highly trained land surveyors who are dedicated to helping our clients in the Albuquerque area see their project all the way through to the end.
Well qualified surveyors make it a lot better. We just came across a case where a title company wouldn’t accept a survey because it was by a surveyor that was notorious for drawing up bad surveys. He’s no longer in business and they said they had had so many issues with ones he did in the past that they just stopped accepting them for transactions.
I purchased a new construction home from a builder this year (2020). The survey shows a part of the home as being extended out approximately 17 sq. ft. from the rest of the structure; however, this area is actually inward from that side of the house. The surveyor added 34 sq. ft. to my house. The survey was completed and signed by the surveyor 3 months ago for the builder. Who do I contact about the error?
What should you do if the survey results and the original plat of your property are significantly different?
In 2017 I bought two acres of my brothers property with the intention of assisting him with setting up and enforcing a xcheduled and unscheduled maintenance program for his Lawncare and Landscape companies equipment followingmy retirement from Civil Service. We had an “At Arms Length Agreement” on the price and a precise location for the metes and boundsin respect to the “E” and “W” lines. This would have a start point in the N/W corner and X feet to the east and X feet to the south basically creating a square. His house and shops were located in the N/E corner with both areas having road access, Itold him to get on the sale paperwork with the bank and I paid for the 2 acres and arranged for a “single closing” construction/ mortage loan. Also: we agreed I would have a water well drilled on my property as the Medina County WaterOffice wanted a line upgrade fee of 24+K prior to providing us service. I was sent a survey for the property and called to confirm he had cut out the exact location we agreed on as I was still stationed at Ft. Campbell Ky. and did not have an ” eyes on the ground ” perspective, relying on the last time I had been there recgonition. I visited at mid-construction and again questioned the survey and field notes accuracy and he stated itwas under control.It wasn”t and I confronted him on it and he said it was a mistake and would be corrected. Ended up we closeing on the house while in Tenn. and later moved to Devine . The property line between us was not readilly obvious as this was a pasture however the water well was not even close to being on the proerty we agreed on. Long story shorter, the set the “E” line approximately 78 feet towards his house where he had the well drilled. This put my property in the center and not to the origional “W” side as we agreed. Two problems I was unable to get him to tell me the truth and it ended up I closed on the house and several months later in the re-financing process was informed the property I was claiming was not correct in respect to the deed and therefore was not insured, also when the new survey was completed and a correction to the origionl deed was completed I had to pay even more and the water well I had over 8K invested in was not on my properety as agreed upon. My question is; if the gaining Title Company alerted me of the problem shouldn’t the origional Title company and the Lendor have noticed this and is it correct that for all that time my property/title was uninsured due to the deception and submission of incorrect documents on the survey by the seller, the failure of the bank to notice it and the Appraisal company which all ended up with incorrect information due to that origional survey.
Thanks
Kevin my brother. If so do I have a legal recourse for recovering those costs?
Before I bought my lake lot the owner of the lot walked me through the lot and showed me where the lot markers were at. She told me the marker by the lake shore was placed there by her realtor and she was confident that they were close to where the lot lines are. After buying the lot from her the adjacent lot was being sold too so they did a lot survey to find out that the marker the realtor put in was 23 feet off and not in my favor plus I lost several more feet on the far end of the lot. That is just not right.
We bought a cabin on a lake 15 years ago. We were told the land had 100 feet of shoreline, and we can see the property monuments on the shoreline. The original survey of the plots was done in 1961, and plotted out 10-100 foot lots. All 10 lots were built on in the 60’s and 70’s using the 1961 survey lines. In 2002 someone did a survey while selling their lot, and found out that the original 1961 survey was off by 29 feet at its starting point. So all of our property lines are off by 29 feet. The county moved the property lines on their website to the correct lines(moved 29 feet). Now the lines go directly through some of the cabins that were built, and my neighbors well, garage, and another building are over our property line (We don’t care about that) Everyone on the block has lived with the 1961 lines even though we know they are wrong. Now our neighbor on the other side of us has decided he wants us to pay him for the 29 feet that he now “owns” of ours. He hired a lawyer and is threatening to sue us. Our septic system is technically over this “new” property line by a couple feet. Can our neighbor force us to pay him for the 29 feet? Is there anything we can do? it obviously affects the entire block.
Can a person, if they can find a 16 year old survey, use it present day . I want to build a garden wall along a boundary line that was first surveyed for a chain link fence which has been taken down
To our knowledge, there is no age restriction on a survey (there might be in your local area), but a lender or title company could still reject it if they felt that the survey was not acceptable for their use. I would check with a local title company and if you’re currently involved in a transaction, check with all parties involved (lender, title, etc.).
Hello. I had a new survey done on a lot with the idea of building a new home. The surveyor left out a 35 foot oak tree. I live in Florida where oak trees cannot be cut down. My architect drew up plans to build the new house and now has to do a total redesign because of the surveyors error. Who should pay for the redesign? Or who should pay to have the tree relocated if this is an option? Tgank you
The big problem is that the mortgage inspection plans are not at all certified boundary surveys. They are often deeply flawed. They have statement like this is not a boundary survey, for mortgage purposes only, not an instrument survey. “Not an insturment survey” means that its not at all accurate. Not a boundary survey means, why even hire a surveyor, anyone can make a non boundary survey. A surveyors profession is all about how to accurate certify a boundary location, not how to fake one. As far as I can tell in my 30 year of experience as a land surveyor the only value a mortgage inspection plan has is, did the house burn down yet? no, ok good, and is the house on the lot? kind of, maybe. Yes mortgage inspection plans are cheap and yes they might be somewhat correct . Wouldn’t you rather pay for a real survey though instead of a guess? I guarantee It will cost much more than a $150 tape “survey”.
i want to close in my carport to make a room, the carport was built when the house was originally built in 1956, which i still have the survey for, i have owned the house since it was first built do i need another survey, i am not selling my house,nor do i plan to sell, house will be passed on to family
We hate to always go back to the same answer, but this is definitely a case where you’d want to speak with the lender and title company involved. We as agents don’t make the decision on whether a survey is accepted or not, so the lender or title company involved in the transaction would be your best resource on a question like this.
My subdivision and neighbors subdivision share a boundary having a six foot by 450’ overlap. My surveyor and neighbors surveyor meet to try to work it out. Having the older map and deed my surveyor said it belonged to us. The other surveyor disagreed and drove a steel bar with his cap on it and told me my surveyor could do the same thing where he thought it should go. My surveyor said that would be unethical. Now neighbor got a permit to built a fence to keep me off the overlap. Question, is it even legal for a surveyor to decide who owns the land?
Sorry in advance for the lengthy rant…
I had a survey done when I purchased my home 27 years ago. I want to dig up and resurface my driveway. When the contractor looked at the survey we realized that the fence installed 24 years ago by the previous owner of the house next door is located inside our property line. Spoke with the neighbor and told them I wasn’t concerned with the fence because I was going to be putting privacy shrubs on my side, but I wanted to pave the lower part of the driveway to the end of my property line…They became argumentative saying that’s their property and I couldn’t pave there. (btw, they installed a 15 ft pool, gas & electric lines and sprinkler heads along their side of the fence). Now I want the fence removed. The town building dept said they would issue my permit based on my survey, but they would not get involved with having the neighbor remove their fence. I’m afraid to start any work until this is cleared up…I can’t just take down their fence.
I was advised to file a claim with my title insurance company because we were told our survey was old and could have been incorrect. They did a deed/title search of both properties all the way back to when the homes were built in 1921. My claim was denied because it was proven that the property descriptions on every deed from 1921 to 1993 matched my survey. Title Insurance Co. also noted that there were inconsistencies in the deeds to the neighbors property.. They’re off by 2 feet. The investigation included the original plat map of when the land was subdivided that shows their property starting 2 ft over from where they say it does. In the meantime the neighbor had their property staked and one of the pins is on my driveway.
I’ve spoken to a lawyer and they’re reviewing all the documents to see if I have a case (encroachment) that proves the 2 ft of property is mine and I can proceed with the new driveway.
Some people tell me my survey is old and to just get a new survey, but why should I if all the deeds to my property all the way back to 1921 match my survey.
I would appreciate your thoughts and advise?
In 2002 I purchased a 46 acre property (property was surveyed). In 2008 I purchased a 15 acre property on the west side and adjacent to my 46 acre property (again, property was surveyed). The driveways for each property run parallel to one another and the dividing property line is a fence between the two driveways. In 2015 I sold the 15 acre property (property was surveyed by the buyer). I am now selling the 46 acre property. The prospective buyer has had a survey completed. His survey is indicating that there is an error in the property description on record with the county (there is no error in the survey diagram, only in the property description) which was used for the survey that is giving the the 15 acres property to the west a 40 foot overlap on the property line between the two driveways, essentially giving the ownership of the driveway on the 46 acre property to both me and my neighbor. It is simply an error in the property description. The neighbor and I are both in agreement that I own the driveway and the survey diagrams clearly show that on all of the surveys conducted. The title company will not move forward with closing until this discrepancy is corrected. How can this be corrected and who bears the responsibility for making the correction with the county? Is it the surveyor or property owner? I do not know where to start. The buyer’s title agency has not been able to get any information from the survey companies.
Hello, I am under a contract to purchase a house with 1.55 acres of land on lot 4. The property is a triangle shaped but another property lot 4.01 exists in between lot 4, it is a cut out square of about 0.25 acres. Both lots are owned by the seller. I have received a survey of lot 4 and it shows a proposed lot line subdividing majority of lot 4 to lot 4.01. The seller clearly wants to move larger portion of lot 4 which he is selling to me, to lot 4.01 which he owns. The survey with the proposed lot line was in June and before the contract and attorney review was completed. Public records show the original size of lot 4 at the time of signing the contract and I was sure I am purchasing the house with 1.55 acres until I saw the survey. If I did not see the survey I would probably find out my lot is a lot smaller at closing. I do not know if the proposed lot line was approved and finalized, I don’t know how to check that.
Does the seller have the right to change lot size while selling the property? To me it seems illegal by him doing this behind everyone’s back.
Is he obligated to withdraw the proposed decrease of the lot?
If we decide to still get the house with the much smaller lot, should the property be re-appraised and the sell value be less?
thanks for your time and response.