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Property lines thehip 11-30-2006
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Posted by thehip on November 30, 2006, 5:57 pm


Hello, my neighbor and I have a property line despute.
His survey shows his fence line 2 feet inside mine. Mine shows
it 2 feet inside his. How can I find out which one is correct?
Does a matter like this have to go to court? Should there
be original surveys from when the homes were first built in
the 1930s somewhere?



Posted by David Martel on November 30, 2006, 6:59 pm


Hep,

Why don't you guys jointly hire a surveyor to determine where the
property line is? The markers from the original survey may have been removed
though looking for them would make sense.

Dave M.



Posted by Toller on November 30, 2006, 7:08 pm



> Hello, my neighbor and I have a property line despute.
> His survey shows his fence line 2 feet inside mine. Mine shows
> it 2 feet inside his. How can I find out which one is correct?
> Does a matter like this have to go to court? Should there
> be original surveys from when the homes were first built in
> the 1930s somewhere?
Why does it matter?
Somewhere you or your lawyer are supposed to have papers that relate the
entire history of your property and describe where the surveying points are.
Either your surveyor or your neighbors screwed up, or one of you just
doesn't remember.
If it does matter then one of you is going to end up suing the other; then
you will both have to resurvey and have legal fees to boot. Can you agree
to hire a third surveyor to determine which is correct? You can either
split the cost or agree it will be the responsibility of whichever of you is
wrong.



Posted by Goedjn on December 1, 2006, 12:02 pm



>
>> Hello, my neighbor and I have a property line despute.
>> His survey shows his fence line 2 feet inside mine. Mine shows
>> it 2 feet inside his. How can I find out which one is correct?
>> Does a matter like this have to go to court? Should there
>> be original surveys from when the homes were first built in
>> the 1930s somewhere?
>Why does it matter?
>Somewhere you or your lawyer are supposed to have papers that relate the
>entire history of your property and describe where the surveying points are.
>Either your surveyor or your neighbors screwed up, or one of you just
>doesn't remember.
>If it does matter then one of you is going to end up suing the other; then
>you will both have to resurvey and have legal fees to boot. Can you agree
>to hire a third surveyor to determine which is correct? You can either
>split the cost or agree it will be the responsibility of whichever of you is
>wrong.

If you can get a copy of both surveys, why not call the surveyors
and ask THEM to explain? At the very least, they ought to be able
to tell you what the next logical step is.
It might be worth checking your deeds,
too, It's quite possible that they're just wrong. If the
problem is that the person who did the original subdivision
screwed up and put the 2' strip of land in both lots, even
a court is likely to just split the difference.



Posted by HeyBub on November 30, 2006, 8:42 pm


thehip wrote:
> Hello, my neighbor and I have a property line despute.
> His survey shows his fence line 2 feet inside mine. Mine shows
> it 2 feet inside his. How can I find out which one is correct?
> Does a matter like this have to go to court? Should there
> be original surveys from when the homes were first built in
> the 1930s somewhere?

What difference does it make? You are still liable for half the cost of the
fence (almost always). This is basic contract law.



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