What if the property survery was done incorrectly?

Survey was completed at time of closing, 5 yrs ago. Property is fenced and adjacent to state land. The state disagrees with my survey and ordered their own. Their surveyer says mine held their map incorrectly when measuring property direction, therefore my survey is incorrect. I stand to lose 10 feet of property.





I do have Title Insurance, but from what I understand, this dilema is not covered. What are my options?

What if the property survery was done incorrectly?
You are not loosing anything. You did not own that 10 feet in the first place, but you may now learn that you own 10 feet at another line of your property.





Your insurance will cover a new survey to find your missing 10 feet, but it will force the state to give you the 10 feet that did not belong to you in the first place.
Reply:First off, your title insurance should be covering the loss on this, unless the box is not checked on the purchase agreement stating that the additional coverage will be provided to insure above or beyond the normal conditions, relating to.......survey matters..... This is called Owners Extended Coverage, and it should be standard when purchasing a property. Ask your Realtor to look back in the contract to see what was marked.





If this was marked, the title company should be on the hook for protecting you on this.





First, though, I'd take Rose's advice and check with your surveyor and with the survey the government did.





Good luck with this - it could get expensive and be more worth it to just abide by what the government says. I hope not, but sometimes that's what happens.
Reply:First of all, just because the State says your survey is inaccurate, that does not prove it is in fact inaccurate. Get a copy of the State's survey, and take a copy of it with a copy of your original survey to your original surveyor and ask your surveyor to explain the discrepancy, in writing. If you do not like that explanation, take copies of each survey to an independent surveyor and ask for an independent opinion.





If your original survey is truly inaccurate, and this has caused you a loss (damages), you must retain an attorney to file a lawsuit against the surveyor and probably the title insurance company for compensation for the loss.
Reply:Move your fence. You are not losing any land because you cannot lose something you never had.





Sue the surveyor for the costs of moving your fence.