Surveyor mistake - a big one

[JN4310]

I have a house and guest house on a 5 1/2 acre lot. We, and my next door neighbor both built our houses about 8 years ago. I started first, and had a local survey company stake the 660' common property line between our lots. He and I installed an underground electric conduit and transformer right on the property line to service both of our homes. I then built my guest house about 55 feet away (we have a 50 foot side set back, and 150' from the street). I installed an above ground septic system next to the guest house, which was still about 15-20 feet from the property line. I then build my main house 40' further onto the lot from the guest house.

Now, eight years later, I just received a letter from the surveyor saying they mis-staked the property line. The end of the property line is actually about 200' (!) further into what I thought was my property. This moves the property line right through the septic system, and within several feet of my guest house. What is worse, in my mind, is that much of what I thought was my back yard is someone else's and we have lost a great deal of privacy. Vegitation and a wetland provided some natural privacy along the 'original' property line. Because of the different angle, I would never have sited my homes the way they are since the backyard area where I want to install a pool now faces the neighbors land. The surveyor said in the letter he wants to just apply for a variance to cover his mistake. That seems like a totally unacceptable solution to me. I don't want people in 'my' backyard. The area in question is a triangle about 660' on the base side x 175' or 200', or about 1 to 1.5 acres. If I were to purchase any of this area, it would drop my neighbors lot below 5 acres, which is the zoning minimum.

Anyone know how to move two concrete block homes about 50 feet? Any other ideas?

 

[Wayne County Hose]

I have 3 suggestions for you.

1. Contact a lawyer
2. Contact a lawyer
3. Contact a lawyer

If you have any questions about my 3 suggestions, contact a lawyer. Don't discuss with your neighbor, friend, relative, not even your mother. Go see your lawyer.

 

[JN4310]

I understand, but I really, really don't like most lawyers...I do have a call in to our HOA lawyer, whom the surveyor said he is contacting to get the variance started. It's Friday, and I haven't heard back yet...

John

 

[EddieWalker]

My parents had a similar situation with a neighbor who they are pretty sure moved the survey stakes to give them more room to build a patio onto the back of their home. While looking for the stakes based on known corners and distances, it looked like they had build on my parents lot. They hired a surveror to find the corners and mark the line, which proved they had built on my parents land.

They went to the title company first, who did nothing. Lots of shrugging and passing the buck. This patio and encroachment was done onto the land before they bought the place and the title company was paid insurance to make sure it was right. After hiring a lawyer and threatening the title company, they got with the neighbor and worked out a land swap that worked out good for everyone.

Since the surveyor screwed this up so badly, and you have already built your home, you should hire a lawyer to figure out what your rights are. Insurance comanies, title companies and counties all have a way of not caring what your problem is, no matter what you've paid them in the past. It's a huge headache and unless you get somebody that can create an even larger headache for them, they just don't care.

The surveyor should be bonded with that state and have insurance for just this reason. They all screw up from time to time and in order to be licensed, they have to have these things in case something like this happens. Again, a good lawyer should know this already.

I'm not a fan of lawyers, but sometimes the only choice is to hire somebody who knows about these things.

Good luck,
Eddie

 

[Wayne County Hose]

I understand, but I really, really don't like most lawyers...I do have a call in to our HOA lawyer, whom the surveyor said he is contacting to get the variance started. It's Friday, and I haven't heard back yet...

John

John,

Nobody likes lawyers, until they need one. Do not, I repeat, do not go to the same lawyer that the surveyor is, even if it's your own lawyer. A variance isn't going to solve this, there are many other issues here. I would bet that a good lawyer would have this surveyed by a different surveyor just to see where everything stands. This guy is trying to cover his but. How did he know 8 years later that the survey is off? There is something very fishy here. You should not speak to this surveyor, your neighbor, or anybody else until you speak to a lawyer.

Think about this, let's say you paid $50,000 for 5 acres. Now, because mr. surveyor can't read a tape measure, you only have 4 acres. Mr. surveyor owes you $10,000.

 

[JN4310]

I only called our HOA lawyer to let her know I would be opposed to a variance, and if I get a vote, I wouldn't want her doing any work to support it.

The surveyor was asked to resurvey the neighbors lot since he is selling, and the new buyer (whom I haven't met) or the bank required it.

Eddie, that's a shame about your parents. I've seen other posts that show how big of a hassle these things can turn in to, even when that's the last thing anyone wants. I don't really have the time right now to spend on this.

I wouldn't mind if they paid to tear down the guest house and built a new one elsewhere on my property (how's that for being neighborly), I'm actually more concerned about having my side lot line now running on an angle through my back yard.

John

 

[plowking]

I had a abutter do a lot line adjustment on adjoining land,so I received a letter. It had to be adjusted to allow room for three houses. A adjustment is different then a variance. plowking

 

[JN4310]

plowking,

Does a lot line adjustment mean someone has to give up some land? I don't think my new neighbor would want to have a smaller lot just because a surveyor made a mistake. The houses are in the first third of the lot (from the street), so move the lot line over 40 or 50 feet would have a huge impact on his property, even if I compensated him with more land in the back. The back of both our lots are basically unusable due to a large wetland that spans both properties.

I'm new to this type of issue, but I really can't figure out a good resolution, short of tearing my homes down and rebuilding them 50 feet away. I also didn't move out to the country to live on a zero lot line property, or have a neighbors fence run thru the middle of 'my' back yard. I really need some good suggestions.

John

 

[milkman]

I really need some good suggestions. John

You've already had seveal.....GET A LAWYER, that's the best suggestion..

 

[BobRip]

John, we are not lawyers, so don't expect us to resolve your problem. This type of problem can only be solved by getting a lawyer. Don't let your hate ruin your future. You will really regret it down the road.
I don't like lawyers either, but the main reason is that they are regulated by other lawyers. This is a severe conflict of interest but it will not change.
Don't late this hate ruin your life. I wish you the best in dealing with this problem. But please, get a lawyer.