F
fresian
Guest
What is the name of your state?What is the name of your state? MI
I have recently been served with a small claims lawsuit from my neighbor who claims that I should pay her for a property survey that she felt compelled to have done to prove encroachment of a temporary livestock fence (T-post and woven wire tape). This survey was done Oct 2003 - don't know what prompted her to wait until now. My question is - am I indeed liable for her survey?
As of now, I have not been presented with a copy of the survey nor a copy of the paid invoice from the surveyor. Fortunately, for me, I happen to know the surveyor and was informed that he only charged his client $1250, to which she has inflated in her lawsuit to $1500.00. Additionally, he located the property line between my neighbor and her adjacent neighbor (front and rear stakes), the stake at the front of the property line between my neighbor and myself, but not the rear stake of the line in question - because she didn't want to pay the additional expense of having to do GPS surveying through the woods and hills.
What the survey showed, according to the stakes and the surveyor, is that one of my posts was indeed 3' over her line, but that the remainder was either just on my side of the property line to 5' within my line. Needless to say, she was unhappy with the results. Immediately, within 12 hours, we removed the post in question and reset the fence well within our property.
To my understanding, if she wished to just have the portion of fence in question surveyed, it would not have cost her $1250, as they had all the information from the legal to locate the section monuments and stake from that point. So, why should I have to pay for her to locate the exact line between her and her neighbor and a "not-even-finished" survey of the property line between us?
Thanks for your help!
I have recently been served with a small claims lawsuit from my neighbor who claims that I should pay her for a property survey that she felt compelled to have done to prove encroachment of a temporary livestock fence (T-post and woven wire tape). This survey was done Oct 2003 - don't know what prompted her to wait until now. My question is - am I indeed liable for her survey?
As of now, I have not been presented with a copy of the survey nor a copy of the paid invoice from the surveyor. Fortunately, for me, I happen to know the surveyor and was informed that he only charged his client $1250, to which she has inflated in her lawsuit to $1500.00. Additionally, he located the property line between my neighbor and her adjacent neighbor (front and rear stakes), the stake at the front of the property line between my neighbor and myself, but not the rear stake of the line in question - because she didn't want to pay the additional expense of having to do GPS surveying through the woods and hills.
What the survey showed, according to the stakes and the surveyor, is that one of my posts was indeed 3' over her line, but that the remainder was either just on my side of the property line to 5' within my line. Needless to say, she was unhappy with the results. Immediately, within 12 hours, we removed the post in question and reset the fence well within our property.
To my understanding, if she wished to just have the portion of fence in question surveyed, it would not have cost her $1250, as they had all the information from the legal to locate the section monuments and stake from that point. So, why should I have to pay for her to locate the exact line between her and her neighbor and a "not-even-finished" survey of the property line between us?
Thanks for your help!