Sunday, May 3, 2009

My neigbhor is challenging my land survey what options do I have?

I am in the process of selling my house and my neighbor called my Realtor and told her my original signed and sealed survey was not accurate. He is stating our land overlaps according to his survey. What options do I have to deal with this neighbor?

My neigbhor is challenging my land survey what options do I have?
All cities and counties do not have surveys of all properties. You can research the deeds of both lots on line at the county property appraiser's website. I would go to a different surveyor with both printed deeds and a copy of your survey. If he thinks that the previous survey is incorrect, you have have a legal case against your surveyor. My personal opinion is that unless your neighbor is a surveyor, his opinion is not valid. Both legal descriptions should be scrutinized. If the legal descriptions are "lot and block" of a recorded subdivision, there is no possibility that the deed descriptions actually overlap. People advising you that the city or county has a record of your survey obviously have no idea what is involved in researching land information.
Reply:Go to your city and get the copy of the survey. If it says there that it really is overlapping, your realtor should know what next step to do whether you have to bring it to court if needed (meaning if the neighbor is really bad and don't want to be very cooperative and very angry at you.). If you still think that you need to take it to the court to be sure, you may do so.
Reply:There should be official copies of the land surveys filed with your county. Get copies of these and provide them, along with copies of the neighbors survey to the person you had do your survey. These surveys are done by humans. Errors are possible.

If there is a dispute that can't be resolved it will most likely hold up the sale of your house as no title company will issue a policy on disputed lands.

Good Luck!
Reply:Get a copy of your neighbors survey and take it to your surveyor... There might have been issues uncovered after yours was done, etc... What did your title report state when you bought the property?

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