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neighbors resurveyed OUR property

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rojodiablouno

Junior Member
What is the name of your state?Ohio
We have recently moved to a new home. The property was surveyed prior by the previous owner. The neighbors to the right of our property have stated they own property that has, on the previous survey, been deemed as ours.
They recently ordered a resurvey of our property, and paid for it. They didn't get their property lines surveyed, just ours. First question, is this legal? And second question, what recourse do I have regarding this issue? Can I go by the original survey pins? or do I have to submit to the new survey results. The boundry pin in the front corner of the lot (put in by the new surveyor) is off by at least 10 feet from the pin in the back corner(put in by the old survey). Neither I nor my husband gave the surveyor permission to survey our property.
 


HomeGuru

Senior Member
rojodiablouno said:
What is the name of your state?Ohio
We have recently moved to a new home. The property was surveyed prior by the previous owner. The neighbors to the right of our property have stated they own property that has, on the previous survey, been deemed as ours.
They recently ordered a resurvey of our property, and paid for it. They didn't get their property lines surveyed, just ours. First question, is this legal? And second question, what recourse do I have regarding this issue? Can I go by the original survey pins? or do I have to submit to the new survey results. The boundry pin in the front corner of the lot (put in by the new surveyor) is off by at least 10 feet from the pin in the back corner(put in by the old survey). Neither I nor my husband gave the surveyor permission to survey our property.

**A: if you had gotten your own survey prior to closing, all this would be moot.
 

JETX

Senior Member
rojodiablouno said:
First question, is this legal?
At this point, yes. If you had caught them at the time AND if they were trespassing to do it, you could have stopped them. It is too late to do anything now.

And second question, what recourse do I have regarding this issue?
That depends on what 'recourse' you want to do.

Can I go by the original survey pins?
Yes.

or do I have to submit to the new survey results.
No. You can certainly argue that their survey was faulty and that your previous survey is accurate. At this point, you simply have contradictory surveys. Which is right?? No one can answer that without a full review of the surveys.... and possibly a third one.

The boundry pin in the front corner of the lot (put in by the new surveyor) is off by at least 10 feet from the pin in the back corner(put in by the old survey).
Not relevant. The two pins are not required to be parallel (or perpendicular) to any other pin(s).

Neither I nor my husband gave the surveyor permission to survey our property.
As noted above, not relevant at this point.
 

ralph31

Member
HomeGuru, this is just my opinion . . . again

I'll try again to see if you can accept a well intentioned comment. Answer fewer posts and when doing so avoid your smart alec posts.

Address the questione that is asked, you are not that funny and it's distracting to work around your trite answers.
 

JETX

Senior Member
ralph31 said:
it's distracting to work around your trite answers.
Simple solution.... quit trying. In fact, your posts are infantile.... so you can quit posting entirely.
Your posts are providing no benefit to anyone except stroking your very small ego.
 

rojodiablouno

Junior Member
The survey results are different from the previous only in regards to the corner that angles sharply toward my home ten feet from the boundry line. In other word the boundry starts out straight, from the back survey pin, and at about 50 feet from the sidewalk, sharply angles toward my house 10 feet from the boundry line.
In regard to recourse, do I have the right to take any legal action? and if so, what action?
I must mention that I will be going to the engineers office to try to straighten this mess out.
 

JETX

Senior Member
rojodiablouno said:
In regard to recourse, do I have the right to take any legal action? and if so, what action?
You have the right of legal action.... but there is no way a court can rule with just the two surveys. How would the court know which is correct?? Get another survey done (as already suggested). Then, IF the new survey supports your first one, request a ruling from the court as to the property boundary's.
 

rojodiablouno

Junior Member
Thank you for your time and patience. This situation is frustrating and maddening, and the annoying neighbors don't help either. Again thanks for all your advice.
 

HomeGuru

Senior Member
ralph31 said:
I'll try again to see if you can accept a well intentioned comment. Answer fewer posts and when doing so avoid your smart alec posts.

Address the questione that is asked, you are not that funny and it's distracting to work around your trite answers.

**A: and you are not that smart. How do you spell the word question?
And to avoid getting distracted, why not leave the sandbox and take a short nap.
 

4WhatItsWorth

Junior Member
rojodiablouno said:
What is the name of your state?Ohio
We have recently moved to a new home. The property was surveyed prior by the previous owner. The neighbors to the right of our property have stated they own property that has, on the previous survey, been deemed as ours.
They recently ordered a resurvey of our property, and paid for it. They didn't get their property lines surveyed, just ours. First question, is this legal? And second question, what recourse do I have regarding this issue? Can I go by the original survey pins? or do I have to submit to the new survey results. The boundry pin in the front corner of the lot (put in by the new surveyor) is off by at least 10 feet from the pin in the back corner(put in by the old survey). Neither I nor my husband gave the surveyor permission to survey our property.
Hello!
I would suggest you go to your local register of deeds office & get a copy of your title. Compare it with your survey and see if they match in property description. I have read that it is illegal to remove surveying pins and the surveyor who removed yours could be liable. Also, talk to the surveyor you hired to do yours. They can be very helpful and might not like their work being 'questioned' like it was! Good luck!
 

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