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Has my neighbor's survey legal validity

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baoshanqiu

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

My neighbor did a survey in September 2017. The surveyor staked Iron Rods along the "borderline" between neighbor's and my lot. But I checked and found that the land surveyor who signed and stamped the plat has no current license. His license expired in June 2016, no renew. The associates who prepared the plat had a license expired in 2004, no current license.Has this survey legal validity?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

My neighbor did a survey in September 2017. The surveyor staked Iron Rods along the "borderline" between neighbor's and my lot. But I checked and found that the land surveyor who signed and stamped the plat has no current license. His license expired in June 2016, no renew. The associates who prepared the plat had a license expired in 2004, no current license.Has this survey legal validity?
It is preferred on this forum that a poster keep all his/her related questions to a single thread.

Here is a link to your other thread: https://forum.freeadvice.com/other-real-estate-law-questions-11/should-i-file-complaint-against-land-surveyor-negligence-640849.html

Thanks.
 

quincy

Senior Member
This is a different issue I just found. The surveyor I indicated is different.
Why does this particular surveyor's license status matter to you, then, if you were not the one who paid for the survey and it does not relate to your own property survey issue?
 

HRZ

Senior Member
IF the line matters to you...the delineation of a property line by an unlicensed surveyor has about the same legal weight as if I drop over this afternoon and give it my best guess...it may be a good guess of no legal weight
 

baoshanqiu

Junior Member
Thanks

IF the line matters to you...the delineation of a property line by an unlicensed surveyor has about the same legal weight as if I drop over this afternoon and give it my best guess...it may be a good guess of no legal weight
Thanks for your reply.
 

Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

My neighbor did a survey in September 2017. The surveyor staked Iron Rods along the "borderline" between neighbor's and my lot. But I checked and found that the land surveyor who signed and stamped the plat has no current license. His license expired in June 2016, no renew. The associates who prepared the plat had a license expired in 2004, no current license.Has this survey legal validity?
It really depends on what you mean by "Legal validity". I'm not familiar with that term.

If you are in some legal proceeding, the question is whether the survey is relevant and admissible, and the weight of the evidence. It may be considered a business record, and therefore admissible. You can certainly challenge the weight of the evidence, since it was prepared by an unlicensed surveyor.

A lot depends on the court you are in and the type of proceeding. If you're in a hearing for a 258E Harassment Prevention Order, there's a good chance the judge will accept it for what it purports to be. If you're in land court, I doubt the judge will simply accept it.

In the end, it will be the judge or the jury who decides if the survey is correct.
 

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