Property line staked by neighbor, but differs from our staking...

[ZoomFive]

What is the name of your state (only U.S. law)? New York State, Nassau County, Incorporated Village of Great Neck

Property line staked by neighbor, but differs from our staking...


Hello. We are completing the replacement of the retaining walls in the back and side yard. My property was surveyed as part of the permit process and I also had staking done. The side neighbor was concerned after the new wall had been built and brought in his own surveyor to stake.

The rear corner is in question. His surveyor's stake is 6 inches onto our property and shows the last 1/4 of the wall strays about 3-4 inches onto his property as it approaches that rear corner. Our stake in that corner had been buried and the contractor confirmed that he had verified before building by by measuring distance per the survey from the other rear corner stake that was intact. He feels that we are within our boundary.

The wall has been built and all that remains is the fence. I'm not sure how to proceed legally and otherwise given the differing stakes in the rear corner. My neighbor has stated that he wants no part of this new wall, fence, etc on his property.

Thank you for any advice.

ZoomFive

 

[justalayman]

I would contact both surveyors and inform them of the discrepancy between their two surveys. Since their reputation and possibly their licenses are based on the accuracy of their work, they often will work together to determine who, if anybody made a mistake or where the discrepancy is from.

 

[154NH773]

I would contact both surveyors and inform them of the discrepancy between their two surveys.

I agree. I have had the same surveyor's office (two different crews) place a corner more than a foot off from each other. They should straighten it out, and explain why they differed.

You say, "the contractor confirmed that he had verified before building by by measuring distance per the survey from the other rear corner stake that was intact".

This sounds like your original corner stake might now be gone ("was intact"). Maybe your contractor screwed up.

 

[csi7]

I would suggest having the two companies work to find out what survey is accurate, and that should help resolve any of the questions as mentioned previously.

I know that when I had a question about our survey, the person who had done the original survey no longer worked for the company, so the company did additional research to verify that the markers were still there.