I have no direct experience with this, but I think you should put the
surveys side-by-side, along with both deeds, and maybe you will find
that one survey of the two doesn't reflect either deed.
I think it unlikely that your deeds are in conflict, and unlikely that
both surveys conflict with the boundary line between the two of you,
which should be specified in both deeds.
I think it more likely that one surveyor failed to match the deed he
However, as unlikely as it is, if it turns out that the deeds are in
conflict, that there is land that is included in both of your deeds,
that's what title insurance is for. I hope you both bought some.
Then, or perhaps a bit earlier but not yet, you could contact your
title insurance company, explain the problem, and get some good advice
from them. In addition, the title company is obligated to pay the one
who loses land the fair value of the land he loses.
BTW, are your lots unusually shaped? Where I lived when I was born,
all the lots were rectangular and the same size. I don't know that
everyone knew exactly where their property line was, but they could
easily figure out the width of their lots, even without looking at the
deed. If even one person on the whole block knew where the property
line was, everyone else could have figured it out from that. I don't
suppose your case is like that, or you wouldn't be posting.
That will still leave the fence 1 foot into someone's property. And
when the fence rots and falls down, if they build a new fence on the
line you proposed, someone will have lost a foot he was entitled to.
What they could do is agree in writing on where the line is, and allow
the fence to stand until it does rot, or is torn down for some other
reason, or say 5 or 10 years, whichever comes first**, time enough for
the one who paid for it to feel he got almost his money's worth out of
the fence, and rebuild the fence at the right place afterwards.
In my world, I usually wouldn't mind waiting 5 or 10 years for my
land, but I wouldn't want to give it up entirely.
**Yes, I know, 5 years will come first, compared to 10.
There would of been a survey when house was built.
I'd look for some buried line markers from the original survey when
houses were built
Can be iron pipe or iron stake like a t-bar.
County Clerk may have record of original survey also.
Yup the real benchmarks usually follow section lines and such which
may not exactly match parcel lines. I still wonder how many are just
The tax map overlay on our property appraiser tax map web site is
clearly not what out plats say by about 5'. The road centerlines are
accurate (probably how they set it up) but the lot lines on the aerial
seem to be wrong.
There should be plat records from when the homes were first built on file
with Land Records. There may possibly be other property survey on file with
Land Records. Or, older deeds have meets and bounds descriptions, which can
be easily translated by a surveryor
Depends a lot on where you are and when the land was subdivided. In
theory, there should be surveys on file somewhere from when the land was
first subdivided. There might also be surveys from when the homes were
first built, but not always.
But even if there are surveys, they might not settle the issue if they
conflict -- one neighborhood I know has enough errors in the original
surveys that some houses are entirely on the neighbor's lot, depending
on which end of the plat you start measuring from -- the lot dimensions
simply don't add up to the total.
How old is the actual fence line? In some cases, the easiest way to
settle things is to agree to a new survey and file a lot-line adjustment
that recognizes the historical division of the property, whether that
matches the original survey or not.
Another alternative, if the two of you are on speaking terms and your
surveys are both recent: ask your surveyor and his surveyor to select a
third surveyor they can both agree upon. Have that third surveyor
survey both your lots at once, then sit down with the other two and see
if they can figure out the discrepancies.
Filing a lot-line adjustment or hiring a third surveyor will both cost
money, but less money than turning this into a lawsuit if you can't
reach an amicable settlement.
Another thought: Do you have title insurance? Does he have title
insurance? (Owner's policies, not just policies that protect your
mortgage companies.) If so, then (1) your policy may require you to
report this dispute in a timely manner; (2) your title insurance may
help pay to resolve the dispute.
Disclaimer: I am not a lawyer or a title insurance agent.
firstname.lastname@example.org is Joshua Putnam
If you have both surveys , you should be able to find the markers used
on for three property lines , the ones on both sides and the common
middle one .
If both surveys were the same company , call them and ask . It may be
in the surveyors interest to come out and recheck.
If you have that take a big tape measure and check the lengths from
I have seen a situation is a new subdivision where the original survey
had made an error and all plots were three feet out consistantlt.
On 1 Dec 2006 08:17:54 -0800, email@example.com wrote:
Since surveys are usually made from an existing benchmark pin that is
a reasonable error to expect. I am amazed that they can actually say a
property line is +/- a few inches in the first place. I imagine GPS
technology would move most property lines if youy really decided it
was delinieated by a given Lon/lat number. In our county code they use
the centerline of the road to decide where property lines are for
zoning purposes. I know the road in front of my house has creeped a
bit, due to widening unequally from the original centerline..
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