Surveyor mistake - a big one

[MikePA]

Get everyone to agree to the existing lines as appropriate; lobby for a waiver from the County Assessor; redraw the plat dwgs; one of you owns 6 acres and the other owns 4.

Why would you think dealing with the township or county government would be this easy? And odds are it will have nothing to do with what the neighbor is willing to accept, whether he walked the property line or not, etc.

John's first post indicated that based on how his neighborhood is zoned, there's a 5 acre minimum lot size. In PA, this would require an updated subdivision plan and for both owners, but more likely the neighbor who will have the small lot, to go through the zoning variance process. If I was the guy in the process of buying the house I'd back out of this deal unless there was something really special about this property. Why would he need the headache?

Not simple, not quick and only vaguely related to what both owners are willing to accept.

 

[BobRip]

If I was the guy in the process of buying the house I'd back out of this deal unless there was something really special about this property. Why would he need the headache?

Not simple, not quick and only vaguely related to what both owners are willing to accept.

Mike and that is the power thas John has here. Basically the old other owner has a stake in setting this straight. As long as there are issues, the property will probably not change hands. So both parties have a lot to gain from setting this straight. John a good lawyer will help you use this to straighten it out. ("good lawyer" is that possible, sorry)

 

[pappy19]

You all may find this articlevery interesting that was in the professional survey magazine "POB" :


Traversing the Law - Columns from our latest issue - Point of Beginning

Also, T.S. Madsen of Gainsville, FL is the most reknown surveyor/lawyer in the US and lives in Florida. I would hire the best if it were me as the surveyor that made the mistake will pay for it all.

Pappy

 

[JN4310]

Boy, lots of great posts, I love this board. I wonder what it is about the simple, humble tractor that brings so many great passionate minds together here?

I especially like the comment about hog manure. I had never considered anything like that in dealing with the old neighbors' kids, which is really why I am trying to get a good outcome, in case the new neighbor has similar kids. I don't know yet, but several of the other neighbors do, so it is on everyone's mind around here.

I also really don't like the idea of being the only yahoo in this whole development that couldn't get his house located on his own lot Because of all the wetland and buffer areas in the back, the new neighbor really should have the full use of his front yard. I just want to get my buildings out of the way. I will probably start removing the septic system at my own expense pretty soon if ft looks like this thing is going to drag on. If I could afford it, I would also start moving the first building, but that will get really expensive quick.

John

 

[MarkV]

I will probably start removing the septic system at my own expense pretty soon if ft looks like this thing is going to drag on. If I could afford it, I would also start moving the first building, but that will get really expensive quick.

John

John it sounds like you are interviewing attorneys and intend to hire legal council soon . It would seem prudent to make that decision and see what strategy is purposed by council before moving septic systems or structures. Sure don't want to compromise a settlement with an insurance company because you proceeded on your own before authorization. So far it sounds like the burden of expense should fall on the surveyors insurance company. He made and has admitted in writing to a mistake. Wait a few days and see what happens. I would let the attorneys earn their money before bringing in the septic people.

MarkV

 

[LBrown59]

My Disclaimer: I am not legally qualified to comment on adverse possession or surveying......but like most donkeys I have an opinion...

My 2 cents - Irregardless of the survey's, etc...didn't the new owner walk the property with the seller and discuss how much land was included with the house? i.e - "This here's the lot line, you own back to there; etc...." In a more comon sense perspective, whether it's 5 acres or 4.x, the guy looked it over and was willing to accept the "existing" lot lines as appropriate or acceptable. Why change now due to a poor prior survey?

Get everyone to agree to the existing lines as appropriate; lobby for a waiver from the County Assessor; redraw the plat dwgs; one of you owns 6 acres and the other owns 4. Your property taxes will be higher though, and then have the surveyor company reimburse the new owner for his lost acreage (versus what he thought he was buying).

I can't see how the OP failed to notice the difference between the incorrect survey and the prior original survey
that was done when he bought the property.
I'm also surprised that the next door neighbor didn't scream bloody murder when the OP started building houses on the mans land.
It's just incredible that neither of these owners detected such a large conflict on the boundaries of the two pieces of land.

 

[MikePA]

I can't see how the OP failed to notice the difference between the incorrect survey and the prior original survey that was done when he bought the property.I'm also surprised that the next door neighbor didn't scream bloody murder when the OP started building houses on the mans land.It's just incredible that neither of these owners detected such a large conflict on the boundaries of the two pieces of land.

The first post explained how it happened. What is incredible about believing a survey that was just completed?

 

[LBrown59]

What is incredible about believing a survey that was just completed?

Just because it's the latest survey don't mean it's the accurate one.
Case in point.
I had my place surveyed way back in the 70s.
In the eighties the property joining the back of my land was surveyed off into a sub division.
The boundary shown in that survey Between my property and that adjoining land did not match with the boundary established when I had my place surveyed in the 60s.

The irony of this is both surveys were done by the same surveyor.
He couldn't even find the boundary he'd set earlier.
I had something like this happen on another piece of ground in another area too but that time it was 2 different surveyors.

For some reason I don't have much faith in surveyors.

 

[MikePA]

Just because it's the latest survey don't mean it's the accurate one.

Which survey should John and his neighbor have trusted and exactly what they should have done differently. The surveyor came out and staked the property line. Tell us how you would know if it's right or wrong.

Hindsight is always 20/20.

 

[ultrarunner]

When the Hospital where I work decided to build a second off-site campus... the decision was made to hire 2 independent Survey Firms to do Alta Surveys and Title work. The Alta Survey established title back to the Spanish Land Grant forward.

The process discovered a minor discrepancy over water rights from 150 years ago that was resolved and a minor encroachment issue... also resolved.

Ordering 2 surveys from competing firms was viewed as insurance...