survey title adverse possession

[SPENCER1]

Property I purchased 11/99 has a title with an error in the property description. The title includes a right away eliminated in a land transaction back in 1923. Unfortunately after aland survey to break up the lot into two lots the surveyor misread the documents and put the right away into the new survey map and the title on 1992. I wish to get the error corrected and fence my property. The property owner next door would like to stop my use of this land even though no maps or documents regarding his registered property reflect any right away after the 1923 land deal(the records in the Land Office show no right away). My surveyor says he will correct the survey map of my property, but I would like to get started clearing brush and installing the fence. Do i need to concern myself with the property owner next door? can he he block me from installing a fence? What are the liabilities of the surveyor who made the error in the first place? What will i need to do to get the title corrected? This is a big chunk of my property and can restrict my frontage below the zoning reguirements if I do not have full use of it(approx. 7200 square feet).

 

[Tracey]

Since the land office records indicate that the right of way was removed in 1923, I think this issue is moot. A right of way is not created by some surveyor drawing it on a map. To create a right of way, the owner has to convey it, or reserve it when s/he subdivides. This conveyance/reserving must be done in writing, signed by the landowner, notarized, and recorded. Hiring a surveyor neither conveys nor creates an interest in land.

Double check this with a real estate attorney in your town, to see what your state's specific laws are. If you need to do something other than just having the surveyor redraw the map, the surveyor should pay for it. However, it may be necessary to sue your seller and to have your seller sue the surveyor. (We're getting into 3rd party contract beneficiary issues here, which are so dull I read them instead of taking sleeping pills in law school.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 04, 2000).]