Surveyor Responsibility

[oklandowner]

What is the name of your state? Oklahoma
I just purchased 5 acres amongst a few undeveloped lots (in the past it was a family farm that was divided up into lots). The seller had the property corners staked as I could not determine where the 5 acres was located. A survey company staked the four corners. Now it is brought to my attention that they marked the East corners incorrectly. What I thought was the end of the property was a pond and that the middle of the property was on the top of the hill. Now it turns out that I own the land on the side of the hill (with no view or pond) with a large ditch and dead trees at the East line. I would not have bought the property if it had been correctly marked. What are the surveyor's responsibilities in this matter? Is there any action I can take against the surveyor?
Thank you.

 

[seniorjudge]

What is the name of your state? Oklahoma
I just purchased 5 acres amongst a few undeveloped lots (in the past it was a family farm that was divided up into lots). The seller had the property corners staked as I could not determine where the 5 acres was located. A survey company staked the four corners. Now it is brought to my attention that they marked the East corners incorrectly. What I thought was the end of the property was a pond and that the middle of the property was on the top of the hill. Now it turns out that I own the land on the side of the hill (with no view or pond) with a large ditch and dead trees at the East line. I would not have bought the property if it had been correctly marked. What are the surveyor's responsibilities in this matter? Is there any action I can take against the surveyor?
Thank you.

You can sue the surveyor for malpractice.

But, tell me, how do you know that the surveyor made an error?

 

[oklandowner]

You can sue the surveyor for malpractice.

But, tell me, how do you know that the surveyor made an error?

The neighboring land owner provided us with a plat of all of the lots surrounding our lot. The way the survey was staked ended up cutting into the property south of us (what we originally thought was the end of our property) It is hard to put into words, but the best I can provide is that the stake they said was the NorthEast corner is actually the SouthEast corner and our land is actually north of what we thought.

Thank you for your reply. I appreciate the help.

 

[seniorjudge]

The neighboring land owner provided us with a plat of all of the lots surrounding our lot. The way the survey was staked ended up cutting into the property south of us (what we originally thought was the end of our property) It is hard to put into words, but the best I can provide is that the stake they said was the NorthEast corner is actually the SouthEast corner and our land is actually north of what we thought.

Thank you for your reply. I appreciate the help.

So you do not have a second opinion from another surveyor?

 

[oklandowner]

So you do not have a second opinion from another surveyor?

No, we do not have another opionion. We called for one, but we were quoted a sum of money that we just can't afford at this time.
Once we have it done and it is proven that the original was wrong, can we make the first survey company pay for the new survey?
Thanks.

 

[jimmler]

No, we do not have another opionion. We called for one, but we were quoted a sum of money that we just can't afford at this time.
Once we have it done and it is proven that the original was wrong, can we make the first survey company pay for the new survey?
Thanks.

Have you had a conversation with the surveyor to find out what they staked? You may want to give them a call and see what they say. They could have made a mistake, or you could have interpreted the stakes wrong. If they made a mistake, they might be willing to work with you on a solution.

I will leave the legal questions to a lawyer here.

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

 

[oklandowner]

Have you had a conversation with the surveyor to find out what they staked? You may want to give them a call and see what they say. They could have made a mistake, or you could have interpreted the stakes wrong. If they made a mistake, they might be willing to work with you on a solution.

I will leave the legal questions to a lawyer here.

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

Thank you for your response. Each of the four corner stakes were marked with the seller's name and location (ie NorthEast corner, SouthEast corner)

The neighbor who originally owned the land before breaking it up in lots e-mailed me her survey companies plat of all the lots in the original 160 acres and they show that the land we bought is indeed the lot north of what was marked. The west corners are marked correctly the east corners are what were shifted down (the stake that said NorthEast is actually the SouthEast corner). The lots are narrow (apx 220 feet wide) and long .

How can they work with me? If it happened to you (I do understand mistakes happen) what would you do to compensate the person who is out the money. We wanted to build our "dream home" here, but now do not. I know that is not the point, but I think that will help explain why we are upset.

Would a survey company just buy the land from us and let us out completely?
Or is that just silly wishful thinking?

Thanks again for your input.

 

[jimmler]

Thank you for your response. Each of the four corner stakes were marked with the seller's name and location (ie NorthEast corner, SouthEast corner)

The neighbor who originally owned the land before breaking it up in lots e-mailed me her survey companies plat of all the lots in the original 160 acres and they show that the land we bought is indeed the lot north of what was marked. The west corners are marked correctly the east corners are what were shifted down (the stake that said NorthEast is actually the SouthEast corner). The lots are narrow (apx 220 feet wide) and long .

How can they work with me? If it happened to you (I do understand mistakes happen) what would you do to compensate the person who is out the money. We wanted to build our "dream home" here, but now do not. I know that is not the point, but I think that will help explain why we are upset.

Would a survey company just buy the land from us and let us out completely?
Or is that just silly wishful thinking?

Thanks again for your input.

Well, I don't think they would be able to just buy it from you, although you did not get what you thought you paid for. You still got a lot that has value, you could sell it to someone else.

It doesn't hurt to talk to them first, and see if you could work out some type of land swap with the neighbor that would be agreeable to you (of course if the neighbor is not willing, this would not be possible).

As for monetary damage, you should talk to a lawyer to see what that might be.

I wish you luck, and am sorry that the mistake was made.

jimmler

 

[HomeGuru]

ask about the E&O insurance coverage, if any.