Can I Hold Neighbor's Surveyor Accountable for Bad Survey Which Took Land from Me

[Fertich]

What is the name of your state (only U.S. law)? Pennsylvania

Back in 1991, my neighbor had a survey done. The surveyor moved my neighbor’s pin 27 feet unto my property (this was before I purchased it). The surveyor ignored existing corner pins and based his move on old deed distances and angles. I know case law supports holding existing pins rather than deed angles. This survey conflicted with 5 other surveys done in the area. Plus I could potentially claim it was a fraudulent survey for these reasons: 1. I have a copy of their worksheet where they found two existing corner pins but on their final survey drawing they did not draw the pins they found because it would not support them moving the line and 2. They admitted to me over the phone that they never notified the owner of my property at the time that they moved the pin. 3. Neighbor has advantage in more land and neighbor is paying surveyor, so surveyor could have financial advantage in taking land for neighbor.

I have in writing where my neighbor’s surveyor said “we also have a duty to set the boundary to the best of our ability, to comply with the immediate adjoiners boundary”….but he did not comply with my boundary.

I had to spend $2700 to get a new survey to confirm this error. My neighbor concurred with my survey and we signed a boundary line agreement to get it resolved. However, I am out $2700 and the original survey company is not being cooperative to reimburse me. Their defense is:
1. I have no legal standing because the surveyor did not do work for me.
2. They point to the statute of repose (42 Pa.C.S.A Section 5537) which has a 12 year limitation for surveyor liability.
3. If I challenge in court, their attorney threatened to hold me accountable for legal fees due to “Misuse of Process”

I just have a few questions:
1. Do I have legal standing and if so, what is the basis for my standing?
2. Can I make the case that my neighbor’s surveyor has a legal obligation to me because I am an adjoining property owner that was damaged by their actions?
3. Is there a way around the 12 year statute of repose?
a. From my understanding 42 Pa.C.S.A Section 5504b states that the stature of repose does not protect in cases of fraud. Do I have a potential fraud case based on what I wrote above?
b. 42 Pa.C.S.A Section 5537 says it protects against “any person” and doesn’t say company. Can I make the case that this provision only protects the individual and not the company?
c. I have documented emails from this surveyor where he says that I need to get a survey before he’ll talk to me more about the issue. I got the survey and it proved he was wrong….is that a way around this 12 year statute of repose because I based getting a survey on this recent suggestion?
4. Is what they said about holding me accountable for legal fees due to misuse of process true?

Thanks

 

[154NH773]

First of all, I will not attempt to give you any legal advice. You seem to have a somewhat clear perception of what the issues might be, and some knowledge of the law .
What I will say is that if you decide to go to court, it will probably cost you 10 times the amount you have already spent, with no sure outcome.
As someone who spent 5 years and over $10,000 on a simple zoning issue, I would say at this point you have lost no land and you are probably better off just writing off the $2700 to experience.

 

[latigo]

Count your blessings!

As in your good fortune of having a neighbor agreeable to disregard the l991 survey and accept yours. Why?

Because if the line established in l991 was somehow defined on the ground by some form of fencing, barrier, obstruction, ditch, cultivation or some other discernible and reasonably permanent feature,

AND such existed for ten (10) years and was mutually treated and acknowledged (expressly or tacitly) as the demarcation . . .

THEN it could be your survey that is ignored with the neighbor claiming the 1991 surveyed line as the demarcation established by acquiescence.*

As for your proposed lawsuit against the people that performed the l991 survey, bag it as none of your above arguments or theories have merit. A centipede in your position wouldn't have a leg to stand on.

Moreover, if you think the attorney is bluffing in telling you the risk of getting stuck for his client's court costs and attorney fees, read Indian Code 34-1-32-1(b) General recovery rule. * *
____________________


[*] See: Garrett vs. Spear, Court of Appeals of Indiana - Cause No. 23C01-1008-PL-339 (2013)

[**] (b) In any civil action, the court may award attorney's fees as part of the costs to the prevailing party, if it finds that either party:

(1) brought the action or defense on a claim or defense that is frivolous, unreasonable or groundless; . . . . " (Emphasis added)