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Neighbors Boundary Survey

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sally1

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

My neighbors recently had a boundary survey done before putting up a wooden privacy fence. I went out to speak with the surveyor because the way he marked out the property line it puts the boundary 4 feet from our house. We have a copy of a mortgage survey and that says the boundary is exactly 10 feet from our house. We have always used these mortgage survey measurements when it came to building anything on our lot. Never had any problems before.Everyone was pretty sure the line went right in the middle between the homes like it shows on the county aerial photos.

The surveyor found the original pins in the front two corners for the neighbor.He put new pins in the back corners of the neighbors lot.He also found original pins in the back(in line with the new ones) that marks some city owned property.

I don't understand how the surveyors findings don't match the measurements in our mortgage survey.Don't mortgage surveys have to be exact/correct before they sell a property? What we were told when we bought the house, as far as the property lines, just doesn't match up to this boundary survey.

I have recently read that a boundary survey is considered more valid than a mortgage survey or county aerial pictures. Is this really true? The neighbor said the zoning office told him to do a boundary survey and not rely on the mortgage survey he had before putting up a fence. I have spoken with some neighbors,but no one else had a boundary survey done to compare with this new one.Most everyone has mortgage surveys.

What are the chances the neighbors boundary survey is wrong? I am told by zoning that the surveyor they hired has over 35 years experience,and according to the cities zoning officers the surveyor *knows what he is doing*. The neighbor waited a few months after the survey and then put up the wood fence along what he was told is the real boundary.

Is there any point now in doing a boundary survey of our own since the original pins were found and the fence is up? Could the surveyor be wrong,or maybe the original pins he found are in the wrong place? Or maybe he found wrong pins?

This area was once farm land and they divided it into lots. Later it looks like 4 lots were divided up between 8 remaining lots. If we did a boundary survey, and it turns out the neighbors are right can we still go to court and get back what we always thought was our land?

If we do a boundary survey and it matches our mortgage survey do we need to hire a lawyer and go to court to have a judge decide which boundary survey is correct?

We have lived in our home about 12 years and the neighbors moved in last year.
 


justalayman

Senior Member
I have recently read that a boundary survey is considered more valid than a mortgage survey or county aerial pictures. Is this really true?

Yes, it is. A mortgage survey is only intended to show there are no encroachments. It is not intended to be used in place of a stake survey.

and to arial pictures; Most of the arials are not accurate enough to be an actual survey. The give a pretty good idea but it ends there.

Is there any point now in doing a boundary survey of our own since the original pins were found and the fence is up?
the fence is irrelevent but if those were the actual pins, I would tend to believe them, unless somebody moved them.



If we did a boundary survey, and it turns out the neighbors are right can we still go to court and get back what we always thought was our land?
I have not checked requirements for adverse possession or presciptive easement but those would be the 2 possibilities, if timelines allow.
 

sally1

Member
Thank you for your input. Still not sure what we will do in the current case.I think in Ohio adverse possesion is after 21 years. We do however know we will get a boundary survey not a mortgage survey before we buy anything in the future. Lesson learned.
 

Kiawah

Senior Member
Get a surveyor in, they're really very reasonable. I did it when I had a detached garage built and was surprised it was less than 200. I'm sure area of the countries might have very different rates, but with the newest technology they have now it really is quite fast to get right to the pins.
 

jimmler

Member
If you have questions about the boundary, please do hire your own surveyor to do the research and check the other surveyor. Do not expect a $200 boundary survey, as a lot of time goes into research and checking not only your boundary lines but also those of the neighboring lots to make sure all of the pieces fit together properly.

It is very good advice to spend the extra money to get a boundary survey instead of a mortgage survey when purchasing property, so that you know what you actually own, and can save yourself money in the future on legal issues.

jimmler
I am not a lawyer, I have been in surveying since 1989.
 

154NH773

Senior Member
Could the surveyor be wrong, or maybe the original pins he found are in the wrong place? Or maybe he found wrong pins?
Yes, I have had the same surveyor lay out a road he originally surveyed, and he did it wrong two times. I had to point out the difference from his original survey and the next two. He admitted he made a mistake and blamed it on the computer (garbage in, garbage out).
That said, it doesn't sound too promising for you, but I would definitely get your own surveyor to check the lines before giving up.
 

sally1

Member
Thank you again for the input.

Since the boundary survey throws off all the measurements on our mortgage survey we are considering have a survey done that not only located the boundary but also everything on our lot. Not sure if there is a certain name for that type of survey,but I think that is what we will do for now.
 

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