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  1. #1
    KenLittel is offline Junior Member
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    Unhappy Land Survey Wrong

    What is the name of your state? IL

    We are adding an addition to our home. Using the survey conducted when we purchased home (2004) we had plans drawn up and approved by city. Once foundation was put in a question was raised as to location of new foundation in relationship to property line. When new survey was conducted it turns out the 2004 survey misplaced the existing house by 12 feet. This mistake has lead to the new foundation being 9 feet too close to property line for city set back law. Due to this mistake we will need to have a portion of the foundation re-poured and the addition will be smaller than we intended.

    Can we sue the land surveyor (IL licensed professional) for our costs to make modifications to our addition?
  2. #2
    jimmler is offline Member
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    Quote Originally Posted by KenLittel
    What is the name of your state? IL

    We are adding an addition to our home. Using the survey conducted when we purchased home (2004) we had plans drawn up and approved by city. Once foundation was put in a question was raised as to location of new foundation in relationship to property line. When new survey was conducted it turns out the 2004 survey misplaced the existing house by 12 feet. This mistake has lead to the new foundation being 9 feet too close to property line for city set back law. Due to this mistake we will need to have a portion of the foundation re-poured and the addition will be smaller than we intended.

    Can we sue the land surveyor (IL licensed professional) for our costs to make modifications to our addition?
    What is the exact wording on the "survey" you got when you purchased your home? Post the title on the survey and any notes that were included on it.
  3. #3
    KenLittel is offline Junior Member
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    Survey Wording

    Plat of Survey
    Leagl Description: Lot 22 in **********************************************************************....

    I "Surveyor" do certify that the plat shown hereon is a correct representation of a survey performed at and under my direction. This professional sevice conforms to the current minimum standards for a boundry survey.

    Bearings are based upon recorded subdivision plat.

    Surveyor's Note: Iron pipes at all property corners unless noted.

    My note: The plat shows the property boundry lines and dimensions. The location of the house within the property lines is shown with the distance of the house set back from the property line shown for different corners of the house.
  4. #4
    jimmler is offline Member
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    Quote Originally Posted by KenLittel
    Plat of Survey
    Leagl Description: Lot 22 in **********************************************************************....

    I "Surveyor" do certify that the plat shown hereon is a correct representation of a survey performed at and under my direction. This professional sevice conforms to the current minimum standards for a boundry survey.

    Bearings are based upon recorded subdivision plat.

    Surveyor's Note: Iron pipes at all property corners unless noted.

    My note: The plat shows the property boundry lines and dimensions. The location of the house within the property lines is shown with the distance of the house set back from the property line shown for different corners of the house.
    The reason I asked is that in some states all that is required to settle on a house is a "mortgage survey" (or some similar name) and these usually have disclaimer notes stating that they should not be used to locate improvements, etc. If this is what was done, you may not have much recourse.

    It sounds like you have an actual boundary survey, but without seeing the whole document I can't give you a definite answer.

    If a boundary survey was performed, and there is an error, it is possible that the surveyor could be liable. I would consult a real estate attorney that has experience with this type of problem.

    I am sure if anything I have told you is wrong, the lawyers on here will be happy to correct me.

    jimmler

    I am not a lawyer, I have been in surveying since 1989.

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