Surveying errors;Mortgage survey doesn’t match physical survey done just prior to purchase of land 13yrs ago.This could cost me $6k in landscaping

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Surveying errors;Mortgage survey doesn’t match physical survey done just prior to purchase of land 13yrs ago.This could cost me $6k in landscaping

Bought property 13yrs ago and had corners and boundaries clearly marked.New nieghbor moves in and lays claim to my trees and property.I have the same survey company re-do stake and boundary in question. Surveyors find a 2nd corner stake on corner in question(that’s 2stakes on one corner).They tell me that last surveyor marked the wrong stake and boundary lines and that the trees appear to now belong to my new nieghbor.I asked how could this one corner end up with 2 stakes on it?They answered,”someone screwed up big time.” So tell me,who’s responsible for my losses? What are my legal options?

Asked on May 24, 2009 under Real Estate Law, Michigan

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to speak to the attorney or law firm that you had when you bought the property, if possible, and if they aren't still around you need a local real estate lawyer, right away.  One place to find qualified attorneys is our website, http://attorneypages.com

There is a lot more at stake here than $6k in trees!  The good news is, though, that you might have title insurance (many mortgage lenders require it), that will deal with all of the issues.  Even if not, you can probably sue the surveying company -- but, again, that is something you'll need a lawyer for.  I hope you have kept all the paperwork from your home purchase!


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