The town plot and tax map don’t match the survey we just had done. What is the right process for determining which is correct?

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The town plot and tax map don’t match the survey we just had done. What is the right process for determining which is correct?

The town plot, or taxes and the listing for the house we purchased say there is 201 feet along one of the boundary lines for our property. We had a survey done 9 months ago when we purchased the house. Recently it came in to question where the property line is. We measured from pin to pin and the measurement is only 179 feet. It seems, either the pins are in the wrong place or the plot is wrong. What is the process for determining which is correct?

Asked on May 27, 2009 under Real Estate Law, Massachusetts

Answers:

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

Answered 12 years ago | Contributor

I hope you had an attorney represent you, in the purchase of your house.  If so, you need to get in touch with him or her right away.  If not, you need to retain one right now, and provide your lawyer with everything you have from the purchase.  That, along with all the facts about whatever caused this to come up, is important for an accurate reading of your rights in this.  Mistakes in this area can be extremely expensive, so please do not try to handle this on your own!

There are a number of possible explanations or outcomes that your question suggests.  The difference in the length of your lot line might be that the older description measures to the centerline of the road, while you only measured to the curb or the edge of the pavement. I hope you have title insurance, which most mortgage lenders insist on.  If so, you paid for it, and now it will hopefully pay for the legal work necessary to clear this up.


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