survey error?

[dpall]

What is the name of your state?
New Mexico
I bought a house 3 years ago, that came with documentation about its boundaries, one was a survey the other was an improvment location sketch,both were only months old. They both matched up as far as bearings and distances were concerned. The land was only fenced on three sides, I just needed to connect the Point of Boundary stakes that were still there from previous surveys. About a year ago my nieghbor purchased a property on a quit deed and had it surveyed and submitted the deed to the county. I was present when the surveyors staked the property, and it did not seem wrong to me. This month I tried to sell the property and the buyer asked for a staked survey. I had been misreading the stakes, and the paper reflected that the neighbors fence in 15 feet on my property in some places. The surveyor says the plats are overlapping and that both surveys are right. I have title insurance for the same legal description the surveyor just submitted. My neighbor does not have title insurance,but has a title and deed and a survey. I know I need a real estate attorny, but I do want any input as to wheather the title co.or the sellers are responsible for my costs to get the deal straightend out. Specifically do matters like this always end up in court. Thanks for any help.

 

[lwpat]

My suggestion would be for both parties to agree to the property line, have the surveyor show it on a new plat, and file the new plat along with quit claim deeds. You and your neighbor can split the cost. Contact your title insurance company since they should pick up your share of the cost if you have owner's title insurance.

 

[dpall]

thanks for your reply

That sounds like a possibility, but with some more resarch it looks like my survey is almost totally off. The land seems to be rightfully thiers, so I probably will have to agree with his survey. This results in almost half of the amount of acerage my title company insured. The sale was all set to close, the new lotline will drastically effect the sale price. Is the title company or the the people who sold me the property liable for the difference? The property, according to my legal description, has been titled and insured 3 other times. I'm thinking some one commited fraud. Thanks for any more information you can give me.