2 surveyors, same property line, 2 different resul

[JakeLeg]

For about 3 years, we've been at odds w/ the church next door who bought a piece of property adjoining ours for a parking area. Before any survey was done, they leveled off the sloping ground, creating a cut at the back, and a fill at the front.

When we had our survey done, it showed that they excavated over our side of the property line by a few feet getting dangerously close to our barn. We confronted them and they admitted that they never had a survey done. We asked them to fix it. They didn't, we got a lawyer - despite our chagrin for lawyers.

Now, 3 years later, they have finally had a survey done. Their surveyor puts in pins that are 2-3 feet over the line established by our surveyor.

Anything like this ever happen to you? While we were trying to avoid going to court, and working with the church by giving them a list of required repairs (retaining wall, backfill, seeding, etc) it looks like court may be unavoidable.

How is this kind of thing resolved? Does the court appoint a 3rd surveyor to check the work of the first 2? Split the difference?

While i will be going back to our lawyer, I just wanted to get an opinion here first...

[Jalopy]

I assume that both surveyors were licensed in your state. If it goes to court the judge will have his own way to interpret everything. He/she may take the first survey, or the second survey, or require a third survey with the loser paying for it. As for damages done the loser will have those costs also. Good luck however it turns out. Maybe mediation or arbitration would be a better route instead of the court system your attorney could guide you I would think.

[AlchemyAcres]

For about 3 years, we've been at odds w/ the church next door who bought a piece of property adjoining ours for a parking area. Before any survey was done, they leveled off the sloping ground, creating a cut at the back, and a fill at the front.

When we had our survey done, it showed that they excavated over our side of the property line by a few feet getting dangerously close to our barn. We confronted them and they admitted that they never had a survey done. We asked them to fix it. They didn't, we got a lawyer - despite our chagrin for lawyers.

Now, 3 years later, they have finally had a survey done. Their surveyor puts in pins that are 2-3 feet over the line established by our surveyor.

Anything like this ever happen to you? While we were trying to avoid going to court, and working with the church by giving them a list of required repairs (retaining wall, backfill, seeding, etc) it looks like court may be unavoidable.

How is this kind of thing resolved? Does the court appoint a 3rd surveyor to check the work of the first 2? Split the difference?

While i will be going back to our lawyer, I just wanted to get an opinion here first...


What a sucky deal!

My Dad has owned a fence company for over 30 years so we've dealt with the issue of property lines and stakes on many occasions.

I've literally, no joke. seen as many as 6 stakes, within the radius of a few feet marking a corner!!!!

I suppose that laws vary everywhere, but generally, only a Judge can decide where a stake is 'supposed' to be.


~Martin :-/

[cinok]

I would think that as long as your barn is on your property ( that does not seem to be in question) that when they graded they changed the "lay" of the land creating a dangerous situation that could cause damage to an existing structure as long as the barn met the set back requirements at the time of construction they should not be able to do HARM to your property. A Lot of time when there is a conflict on a fence line line issue and its only a foot or so they find for the existing fence to be the " property line"

[ChoochCharlie]

Put the two surveyors in contact with each other and let them prove themselves right.
Sometimes one makes a mistake.

[RobertRogers]

I have a degree in surveying and worked in the field for ten years before starting my own business (not surveying).

Land surveying is as much an art as a science. There are many considerations to take into account when determining a property line and oftimes the evidence that is found and used for a decision is incomplete and confusing.

For example, a deed written 150 years ago might read "...thence to the big pine tree...". Well, that tree has been gone for 100 years.

Also, because no measuring device is perfect there will always be "errors of closure" so that no two surveys will put a missing property corner in exactly the same spot unless there is already some kind of marker already there.