Who pays for survey in a boundary dispute?

[help_needed]

What is the name of your state (only U.S. law)? WA

I purchased an acreage property in 2005. It was part of a larger parcel that was subdivided by the neighbor. At the time we purchased it, we knew that a survey had not been done. The property was a simple rectangle, confirmed by the legal description and plat map, so we didn't really see the need, and the seller (neighbor) said he'd share in the cost of the lot-line survey if we wanted to do one later. We now feel that a survey is needed since we'd like to sell the property, and we don't believe the lot line is where the neighbor says it is. We asked the neighbor to share in the survey cost, as he agreed to do before, but he has declined. Is there a law governing who pays for a survey for a disputed property line?What is the name of your state (only U.S. law)?

 

[nextwife]

His agreement to do one as part of your land purchase needed to be done back then (and frankly SHOULD have, buying newly divided land without a survey is foolhardy). You've now owned the property, and the survey is for your benefit as something you now may need to sell. I cannot see, unless you have a written agreement with your seller to at any time requested provide a survey, any obligation he now provide one.

 

[sally1]

Legally your neighbor is not required to pay for a portion of the survey. It is unfortunate you did not do one when he did offer to pay a portion.

It would benefit you to do a survey if you stayed,but since you are selling you might want to just leave it to the buyer.

If you do a survey any encroachments will need to be revealed to buyers. If your neighbor does not like the survey results it could start a legal dispute,which again would affect your sale of the property.

I might opt instead to do a home inspection, and let buyers do a property survey.

Most buyers just accept the mortgage survey,which isn't a REAL survey.Many people never do a real survey until they are putting up a fence or other structure,and then they are told the mortgage survey is not something a contractor will use to determine boundaries.

 

[help_needed]

Boundary Survey

Thanks for the input. The parcel is bare land and fairly large. I'm not sure that makes any difference in the scheme of things. I appreciate the advice and will bare the cost of the survey.

 

[NC Aggie]

As stated, unless there was a contractual agreement for your neighbor to share in the cost of survey, I don't believe they would be obligated in any way to do so. Also, it sounded as if this original offer was only for a survey of the shared boundary line...however, at some point there needs to be a complete boundary survey and it's advised that one is done whenever there is a conveying of property from one owner to another.