Boundry survey vs Mortgage Survey?

[MaryleeUSA]

2 Years ago I bought a house with pool and pool house. Had it surveyed and the property line was already staked 20 feet running behind the pool house (which was built 20 years ago). I just cut a few trees to fence in the pool and my neighbor (I've never Met) show up with a boundry survey showing the property line running THROUGH the pool house and my back yard. Said his dad bought the 23 feet in 1962. His survey people said the record was correct, but he didn't want it marked. Mine said they just do mortgage surveys and go to "apparent" lines and that a boundry survey would hold up. Do I lose my pool house or is there some statute of limitations allowing him to do anything. I'm from Tennessee.

 

[HomeGuru]

The mortgage survey should have been a boundary survey unless the lender accepted only a staking survey in which only the corners of the property are located and staked. The lender usually requires a boundary survey to insure that there are no encroachments.

Find out what kind of survey you got.

 

[MaryleeUSA]

My lender accepted a survey that was done based on the exsisting stakes. Now I find out that the stakes are wrong but were never moved and my neighbor didn't want them moved. Do I have "Adverse possesion" now since the pool house has been there 20 years and the neighbor saw it go up and did nothing about it?

 

[HomeGuru]

I don't know if you had a real estate agent at the time you bought the property, but even if the lender accepted the stakes, you should have ordered a boundary survey anyway to protect yourself from a situation like this.

Now you need this type of survey. If the neighbors survey is correct, you just lost some of your backyard and the pool house.

You have no adverse possesion claim because such a claim is based on duration of actual use not the age of the structure.

Here are the steps you need to take:

1. Get the survey done.
2. Hire a real estate attorney to review the survey, legal property description and all documents pertaining to this issue.

I wish I had better news for you.

 

[MaryleeUSA]

I did go through a real estate agent and have title insurance. Are either liable here? The pool house was listed and pictured as part of what was being sold. Me and the previous owner walked the property line with the (licenced) surveyor. The previous owner bought it from the man who put the pool house up and this man signed forms stating there were no buildings crossing any property lines. I now find that the neighbor had his surveyed each time my property changed hands but did not want the correct line marked and never said anything to the previous owner or me until 2 years after I bought it and cut some trees. He said when the pool house was going up, he told the guy it was on his property but the guy put it up anyway and he thought he was being nice to just not say anything. Sorry for the long response but I'm devestated. I thought having it surveyed I was covered but did not know there was a difference in surveys.