Thursday, May 20, 2010

Boundary dispute- Does an A-2 survey (with a raised seal) have an "expiration" date?

I have an A2 survey of my property that was done 7 years ago, just prior to an addition( in order to get permits) which clearly states that my dwelling is 10'3" from the property line. My neighbor insists that 6 feet of this strip of land is hers. The portion of land that we are talking about was untouched by that addition.Would I actually need to get a new survey showing the addition to prove what is mine?

Boundary dispute- Does an A-2 survey (with a raised seal) have an "expiration" date?
What you really should do and at the same time, ask the neighbor to split the cost with you, is to order from a surveyor, an Improvement Location Report (ILR) which is not a full blown survey but a drawing like a survey showing where the property lines are and the location of all the improvements as they relate to the boundaries shown. This type of survey report costs between 300 and 500 dollars which is way cheaper than a full blown survey.


The results will put the question to rest once and for all.


Best of luck to you.
Reply:A survey has no expiration date. as such, but sometimes legal changes (like your addition) can cause its validity in question.





If the markers are still clear, I would point out the survey markers to your neighbor. I'd tell her that was the boundary as made by survey, so it is the legally recognized boundary. However, let your neighbor know, that you are reasonable. If the neighbor wants to pay for a new survey and it shows a different boundary (possible, because mistakes can be made), you'd be happy to work something out.





Assuming you had a good survey, one of four things will happen. 1) The neighbor will shut up, because you've challenged them to back themselves up with their money. 2) The new survey will confirm and the neighbor will shut up 3) The neighbor won't shut up, but keep harping about the boundary, in which you reply sweetly "All you have to do is get a survey to show you are right" and walk away 4) If the neighbor causes a problem, like putting their property in the disputed strip, have a lawyer write a cease and desist letter.





Good luck


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