What is the name of your state (only U.S. law)? Utah
In August 2008 I purchased a lot and built a new home in a recently developed subdivision (sub B). My backyard boarders an existing subdivision (sub A). Sub B was surveyed in August 2005 and references two corner markers of sub A. Per the plats of both subdivisions, the boundary line between them should be straight (per the bearing information on both plats). The plat for Sub A was filed in July 1996. The boundary survey for sub A was done in 1995.
The problem: The physical markers show an overlap of about two feet between my lot and the lot behind me. The sub A marker in question is internal to the corner markers (which were "held" for sub B) referenced in the boundary survey for sub B. I believe the marker for the lot behind me that was placed during the boundary survey for sub A is incorrect or was moved since originally placed as all other markers appear to be in a straight line and the surveyor who placed the markers in 1995 told me over the phone that if it looks like it is out of line, then it probably is. He won't come out and reset the marker as it is not for my property.
The property owner with which the overlap exists is unwilling to recognize that his marker may be incorrect and has threatened lawsuit if I claim what I believe to be my property. He has planted trees in the overlap and threatened to sue if anything happens to them.
If in fact the marker was incorrectly placed will my neighbor have any cause for filing suite against me? Will the marker be considered held since it has been there for so long even though it may be incorrect or could have been moved?
The sub A surveyor told me that I should have my boundary verified and then start building my fence and if my neighbor wants to contest it they will first have to have their boundary survey verified and that would correct the marker. Does that sound like the next best step?
I am thinking of having my boundary survey verified and then have a real estate lawyer write up a letter showing my survey and giving my neighbor 30 or 60 days to remove his trees from my property and find out if he wants to contest it before investing into my fence.
Any suggestions appreciated.
Thanks
In August 2008 I purchased a lot and built a new home in a recently developed subdivision (sub B). My backyard boarders an existing subdivision (sub A). Sub B was surveyed in August 2005 and references two corner markers of sub A. Per the plats of both subdivisions, the boundary line between them should be straight (per the bearing information on both plats). The plat for Sub A was filed in July 1996. The boundary survey for sub A was done in 1995.
The problem: The physical markers show an overlap of about two feet between my lot and the lot behind me. The sub A marker in question is internal to the corner markers (which were "held" for sub B) referenced in the boundary survey for sub B. I believe the marker for the lot behind me that was placed during the boundary survey for sub A is incorrect or was moved since originally placed as all other markers appear to be in a straight line and the surveyor who placed the markers in 1995 told me over the phone that if it looks like it is out of line, then it probably is. He won't come out and reset the marker as it is not for my property.
The property owner with which the overlap exists is unwilling to recognize that his marker may be incorrect and has threatened lawsuit if I claim what I believe to be my property. He has planted trees in the overlap and threatened to sue if anything happens to them.
If in fact the marker was incorrectly placed will my neighbor have any cause for filing suite against me? Will the marker be considered held since it has been there for so long even though it may be incorrect or could have been moved?
The sub A surveyor told me that I should have my boundary verified and then start building my fence and if my neighbor wants to contest it they will first have to have their boundary survey verified and that would correct the marker. Does that sound like the next best step?
I am thinking of having my boundary survey verified and then have a real estate lawyer write up a letter showing my survey and giving my neighbor 30 or 60 days to remove his trees from my property and find out if he wants to contest it before investing into my fence.
Any suggestions appreciated.
Thanks