overlaping surveys

[Samwise]

After having a survey done I find that my neighor's fence is on my property. The problem is that he also has a survey indicating the opposite. Both surveys were based on a section of land of 660 feet and the actual measured distance is 557 feet. How do We determine the ownership of the overlaping land of about 3 feet?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Samwise:
After having a survey done I find that my neighor's fence is on my property. The problem is that he also has a survey indicating the opposite. Both surveys were based on a section of land of 660 feet and the actual measured distance is 557 feet. How do We determine the ownership of the overlaping land of about 3 feet?<HR></BLOCKQUOTE>

You call your surveyor and your neighbor calls his surveyor and both of you request a reverification. One or both surveys may be incorrect. Is the section of the 660 feet of land in dispute referenced in square feet or linear feet? If the 660 is LF how is it that the survey is measured at 558 LF?

 

[Samwise]

Thanks for your response. Let me clarify. A section of land is 660 ft by 660 ft square. My legal description is the south 158 feet from the SE corner. My neighbor's legal description is 502 feet from the NE corner and this is the cause of the overlap. Both surveys can be correct but the section doesn't measure out to the full 660 feet as posted by the county map. There is still 3 feet missing. Who would have the proper claim? What guide would make the decision? Thanks.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Samwise:
Thanks for your response. Let me clarify. A section of land is 660 ft by 660 ft square. My legal description is the south 158 feet from the SE corner. My neighbor's legal description is 502 feet from the NE corner and this is the cause of the overlap. Both surveys can be correct but the section doesn't measure out to the full 660 feet as posted by the county map. There is still 3 feet missing. Who would have the proper claim? What guide would make the decision? Thanks.<HR></BLOCKQUOTE>

You may be getting confused over reading the legal descriptions and second guessing the methodology of the surveyors. The boundary lines are not measured and established using your or your neighbors property pins but via a benchmark outside of your respective properties. If both surveys are correct, maybe the county map is in error. The 3 linear feet missing is a big error because it involves the unaccountable larger square footage of land. I am at a loss here to give you my correct opinion without reviewing the 2 complete legal descriptions, the 2 surveys and the county map. Another thing that you can do is to contact your title insurance carrier to request that they obtain verification and a legal opinion.