|Re: need help from surveyor or property laywer...|
Message #11 Posted by David Hayden on 17 June 2009, 11:36 a.m.,
in response to message #1 by cyrille de Brébisson
First of all, hire a licensed, reputable surveyor to verify the error. My next-door neighbor tore down a barn because the former owner of my house had a survey that said part of the barn was on his land. As it turned out, the survey was incorrect, but now my neighbor doesn't have a barn....
Assuming that the mistake is real, talk to a lawyer who's knowledgeable about this stuff and see what he/she says. Actually, there's a good chance that the surveyor will be able to tell you about the laws in your state.
Finally, once you know the facts (from the survey) and the law, get all the people together and see if you can come to a friendly solution. If you can, then get the lawyer and/or surveyor to write up whatever legal docs are necessary. If you can't come to a resolution, then you'll have to argue the case before a judge I fear.
I'm not a surveyor, but I'm good friends with one and, for what it's worth, he's said on may occasions that after enough years, the agreed-upon property lines become legally effective, even if they aren't where they should have been, so I wouldn't worry that the property line will be redrawn through someone's bedroom.... :)