My neighbor just had a survey done so that they can sell the trees on her property . I had one done by a very credible surveying company 17 ...

Question

My neighbor just had a survey done so that they can sell the trees on her property . I had one done by a very credible surveying company 17 years ago before I built my house so that I would be sure as to being on my property Her husband and I agreed with witness present up on my survey then as he stated he had also had one prior to me having one . An old fence line we had agreed upon as being the line as it was marked so by surveyor also . Now her new survey line shows I may be a few feet on her line ? I am selling my house in the spring . If I am in fact on her line what legal action can she take ? Or what should I do .? Thanks

Answer

Surveying is always improving, but there would still be a question of which survey is right, particularly since it sounds like you each had one done earlier and those surveys substantially agreed. There may be facts noted on the surveys that would help in comparing all three. Also, a good surveyor may know something about the benchmarks being used and how that may be creating the issue.

Do you know whether there is a corresponding issue on the other side of the neighbor's property (in other words, is the new surveyor suggesting that all the properties are off one direction or the other or is the surveyor suggesting that only this property line is misplaced? Do you know what the dimensions are suppose to be in the subdivision plat (inquire at your county recorder).

Aside from upcoming issues you may have when you sell, you do not say what you and your neighbors have discussed. Do they want to sell trees that would be in the disputed zone? Do they want the fence line changed? Are they amenable to working something out based on what each party has always maintained as the property line?

Ultimately, if correct, they can force you to abide by the correct property line, unless your 17 years can be tacked together with a few years use prior to that, to total 20 years, which would allow you to consider whether the requirements can be met to claim adverse possession.

Your contract, when you sell, may require you to provide a current survey to the buyer (usually dated within six months). Even if you agree to use the fence line, the survey when you sell may prove inconsistent and create a concern for the buyer, buyer's counsel and title company. It may be worth your while to have your own survey done soon, getting a recommendation for the best surveyor in the area. Review the past history to see if the new surveyor has an idea about the inconsistencies.

Unfortunately, this is a required disclosure. Unless you have it resolved by the time of your sale, you would have to mark "Yes" on your Residential Property Disclosure.

Ultimately, a court would have to decide between competing surveys, but consideration should be given to ways to work it with advice of counsel in conjunction with a title company underwriter, with proper documentation, since you may find that to save you in costs and stress.