Land survey?

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buffalo

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Anyone know anything about surveys ?

Originally my survey said 2 property owners to the north did not recognise my boarder , so there is an overlap . My lawyer told me not to worry about it . Well now loggers have been hired by both of those land owners so I want it cleared up . Checked the town asesors office and they have the boarders shown favoring the neighbors . The lawyer said to show the neighbors my survey and have their lawyers talk to him .
I'm just wondering how much weight my survey holds now ? I have 16.5 acres , it might affect 2 acres .
 
You should have never been advised by your lawyer to not worry about it and you should never have bought the property without a clean survey.

Did you pay for an actual survey to be done? Where a guy or a couple guys came out and measured and shot your lines with a transit? If not you are going to have to do this now.
 
All three should be re done, get your layer to push for that, usually who ever is wrong pays for it.
Any chance this was cut up before the city was involved, older records anywhere.
 
From what I gather , my survey ( done and paid for by the previous owner) was not staked, probably because of the conflict . So 2 weeks ago my lawyer said to pay the original surveyor to stake it , and add my own no trespassing signs . Well that company won't do it because of the issue . Another company I called won't touch it because of the issue.
I believe my title claims I own the land , the neighbors titles say they do . So that's when I went to the town and pulled up the charts , and it clearly shows the neighbors to be correct .

I guess it's not a huge deal , I drive my wheeler all over and so do other people and no one ever bitches . I've gone miles . What concerns me is if I ever sell , or they do . I know it will be an issue . And there is currently property for sale . ( I'm unsure if it's a neighbor in question)

If I get a lawyer involved it's going to cost money and may not even be worth it . It's something in my opinion , that should have been cleared up apron purchase , which could have given me leverage for a cheaper price . So I do blame the lawyer . He has been my lawyer for 20+ years , but I'm not so sure his specialty is in real estate.

So now I'm wondering if one has more leverage than the other . Since the town lines seem to recognize the neighbors as being correct. Decently divorced, I don't have money to sink into this . I do own the house and she is gone , but not worth k$ of dollars .
 
Recently , not decently , lol. That word dosnt go with divorce lol.
 
Or the previous owners were not being honest about the size for the land and the surveyors helped them do that. Why would they not stand behind there work?
 
Agreed that lawyer should have jumped when title was not clean. You gotta figure that resolving a disputed land boundary has happened a million times and should be pretty standard methods to resolving it. I think you are right that you have the wrong lawyer for this particular problem. Probably worth it to spend a couple hundred dollars to consult with a different lawyer. Might not even be that much --- I went to a lawyer a few years back -- he answered my questioned for 20-30 minutes, charged me like $60.
 
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Agreed that lawyer should have jumped when title was not clean. You gotta figure that resolving a disputed land boundary has happened a million times and should be pretty standard methods to resolving it. I think you are right that you have the wrong lawyer for this particular problem. Probably worth it to spend a couple hundred dollars to consult with a different lawyer. Might not even be that much --- I went to a lawyer a few years back -- he answered my questioned for 20-30 minutes, charged me like $60.

Well said Steve.

I would add if you have been dealing with this lawyer for years and you trust him. I would go to him first. I would suggest that real-estate might be a little out of his norm but nonetheless he represented you and gave you advice and you were a victim of fraud. You purchased 16.5 acres and you actually got 14.5 acres. And the title search and survey you spent money on in good faith should have uncovered the problem. And you should be entitled to 14% of what you paid for the land as a loss. I doubt you have in writing him telling you not to worry about it. So what you have is nothing showing that you got less than you bargained for until now and the property dispute. The fact you can use the land for riding your wheeler around on has nothing to do with it. What matters is down the road you have to represent the property 14.5 acres when you go to sell it and it will be worth less than if it was 16.5 acres.

You have two choices one is to chalk it up to experience and do nothing and next time you will know better. I have done that a hundred times in my life on different things as the lesson learned is worth more than the cost of fighting and potential savings.

The other option is to spend more money going after whoever you think is the correct party to go after and it may or may not pay off in the end.

Talk is cheap and telling the lawyer you know that you would rather figure it out with him but you are thinking of finding a new lawyer to represent you and go after some compensation might be enough motivation for the lawyer to act in your behalf for free as you have already paid him once for the same thing. I doubt you are going to get a lot out of him or the people that sold you the land but you can maybe get back what you paid him.

The people that rightfully own the land are in the clear and are not against you, put yourself in their shoes. They are your neighbors and who you need to get along with when this is over.
 
I think you are right that you have the wrong lawyer for this particular problem. Probably worth it to spend a couple hundred dollars to consult with a different lawyer.

Excellent advice. and you may have a claim against the original lawyer if the boundary does not come in your favour.
 
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Or, there could be a simple explanation that some review of the documents in hand compared with the plat maps, and dates are significant.

You can pay an attny, or do it yourself, because it does not require any special knowledge.

I suspect something along these lines occurred;

Hypothetical; When the original survey was done there would have been an established street rite of way.

If that rite of way way subsequently widened the lot size would have changed as a reflection of and the lot area reduced.
 
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