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property lines and surveys

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baccyfarmersdtr

Junior Member
What is the name of your state (only U.S. law)?
North Carolina.
I inherited land from my father who had allowed an adjacent property owner to build a workshop extends over the property line onto his/my property. That person is now trying to sell his property. He had a survey line run that shows that the workshop is about 75% on my property. He also had a survey line run through my property to show the portion of land he wants to buy from me to allow his sale to go through. I was not contacted before the survey lines were run. Is it legal to run a survey line on someone else's property without their knowledge or permission.
 


154NH773

Senior Member
Is it legal to run a survey line on someone else's property without their knowledge or permission.
Certainly. The line has no legal meaning, it is just a line on paper. What he has done is reasonable, because he wanted to make a proposal for land purchase to you.
You are under no obligation to sell him any land; however, he may have some claim on the portion of your property containing the workshop. You will have to resolve this with him somehow, or it will probably go to court eventually.
What was the agreement originally, and is it in writing?
 

justalayman

Senior Member
it is generally legal for a surveyor to enter private lands to do his job. In many, if not most or even all states, surveyors are specifically protected in such actions and interfering with a surveyor is illegal.

Now, the neighbor cannot enter your land without your permission as that would be a trespass but as I said, a surveyor is specifically exempted in most cases.
 

154NH773

Senior Member
it is generally legal for a surveyor to enter private lands to do his job.
I agree that surveyors are generally allowed to trespass "to do their job". Whether that would allow them to come on your property to plot a line through your property having nothing to do with an actual property boundry of your neighbor's, would be problematic. But if your property is not posted, then it is not trespass.
Actually, a surveyor can plot a line through your property, and prepare a survey, without ever having to set foot on your property.

So, is your complaint that the surveyor physically came on your property, or just that he prepared a survey showing a line on your property. Either way, you probably don't have a valid complaint.
 

Terminus

Member
Surveyors in North Carolina

The above posters are right that in most states surveyors are allowed to enter an adjoining property to perform a survey. That is not the case in North Carolina and I will usually ask the adjoining owner before entering their property.

That said, what has probably happened is the surveyor has shown a new division line on paper that will rectify the issue of the encroaching workshop for his client. This allows his client to represent to you what he would like to purchase from you, allows him to show the buyer what the seller is doing to rectify the encroachment, and the line should be drawn to meet local zoning ordinances.

I use the word "encroachment" lightly since your father allowed the workshop to be built on his property. That to me would points towards a permissive easement for the workshop and a deed should be drawn up detailing that easement to clear the title issues your neighbor is dealing with.

In my opinion I would also get that line of your property surveyed so you have an opinion of the boundary location from a surveyor representing you. He can also stake out the proposed line for you so you can see what the neighbor is proposing and confirm it meets the zoning ordinances of your county/city/town.
 

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