What is the name of your state (only U.S. law)? WA
WA State. This question regards an easement boundary dispute where an easement had been agreed to in a settlement agreement based upon an original survey almost 20 years ago which depicted the historical driveway. This area has been used in this historical configuration until just recently. The dominant estate holder commissioned a survey using only the mathematical depiction from the original survey. The resulting drawing does not remotely match up with the original survey scaled drawings and results in encroaching approximately 14 feet into my property. The neighbor, using this an excuse to expand his use of my property, trespassed, excavated,, removed soil, rock and my personal property from the area. I as the serviant estate holder, commissioned my surveyor and he concurred that the mathematical drawing indicated the same encroachment and also advised me that the math is significantly errant as the “new path” would encumber a 200 year old tree, and did not conform to the original survey scaled drawing of the drive location. He has since re-created the original survey boundaries using the original scaled drawing, historical photographs and existing original drive surface. What does legal precedent indicate to resolve the dispute as to which form of the survey prevails? Your advice will be greatly appreciated.
WA State. This question regards an easement boundary dispute where an easement had been agreed to in a settlement agreement based upon an original survey almost 20 years ago which depicted the historical driveway. This area has been used in this historical configuration until just recently. The dominant estate holder commissioned a survey using only the mathematical depiction from the original survey. The resulting drawing does not remotely match up with the original survey scaled drawings and results in encroaching approximately 14 feet into my property. The neighbor, using this an excuse to expand his use of my property, trespassed, excavated,, removed soil, rock and my personal property from the area. I as the serviant estate holder, commissioned my surveyor and he concurred that the mathematical drawing indicated the same encroachment and also advised me that the math is significantly errant as the “new path” would encumber a 200 year old tree, and did not conform to the original survey scaled drawing of the drive location. He has since re-created the original survey boundaries using the original scaled drawing, historical photographs and existing original drive surface. What does legal precedent indicate to resolve the dispute as to which form of the survey prevails? Your advice will be greatly appreciated.