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R.O.W. surveyor says we have different rights than what lawyer says UGH

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BucketHead

Junior Member
What is the name of your state?MA
Our neighbors have "use of right of way for ingress and egress" through our property as stated in their deed. Today a surveyor was here to establish a different line and I asked about surveying the ROW. He gave me the run around and basdically told me that the people who had use of the row could do whatever like maintenance, parking on it and so on. Our lawyer, who has already written 2 letters to the neighbors says they have no rights to do anything but get to and from their property. WHo is correct? It seems the surveyor thinks it's a massachusetts thing. I am so confused!!
Thanks in advance!

Joanne
 


John Se

Member
your lawyer is correct

Surveyors while educated, are not Dr's of juris, meaning they dont study and practice the law. I'm betting your basically dealing with a Yahoo surveyor. Like alot of guys in construction, they all know everything!!!
 

jimmler

Member
John Se said:
Surveyors while educated, are not Dr's of juris, meaning they dont study and practice the law. I'm betting your basically dealing with a Yahoo surveyor. Like alot of guys in construction, they all know everything!!!
The surveyor, while educated in boundary law and tested on boundary law for licensure, should have told you to consult a real estate lawyer in this case.

A lot of times the surveyor working in the field is not licensed, but working under the supervision of a licensed surveyor, who most likely would have told you that was a matter best left to a lawyer.

And yes, a lot of us DO know everything :D (but I would not consider most surveyors "in construction" although that is part of what we do)

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

jnazareno

Member
John Se said:
Surveyors while educated, are not Dr's of juris, meaning they dont study and practice the law. I'm betting your basically dealing with a Yahoo surveyor. Like alot of guys in construction, they all know everything!!!
I like to think I know everything too.... :D
 

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