Oak Trees

[ambrelite]

What is the name of your state? AL

My neighbor wants to fence in our oak trees to his side
like they belong to him. Our survey shows his fence will be
in the wrong place. What should I do if he fences in my oaks
anyway even when the survey says he is wrong?
Should I take his fence up myself? Call the surveyor back out?
Or just take him to court?

 

[ambrelite]

Oak trees

Now my neighbor is starting to call us on the phone
to harrass us about it.

ambrelite

 

[PghREA]

You need to have a current survey. If the oak trees are not on his property -tell him and show him the survey. If that dosn't work have your attorney write him a letter.

 

[ambrelite]

Its still a No show on our survey guy. We had it surveyed and he never gave us the survey papers and never did put down marks on one side.
He said he would be here before lunch yesterday. He never showed up.
We called and he said he would come Today or Thursday.
I think he has no intentions of showing up or giving us the survey papers.
I believe our neighbor knows he is on our side and paid the survey guy off
to not do his job right and to avoid us.

 

[snostar]

Don’t start getting paranoid, just contact another surveyor. There is no point dwelling on the legal aspect until an accurate survey has been completed.

 

[ambrelite]

The survey guy finally showed up yesterday for 10 minutes.
He still Did Not give us the survey papers.
He claims he will come by next week and put out stakes along the property line. When do surveyors normally give out the survey papers to their customers? We paid him for this job back in March and here it is almost
August and still no survey papers.
Why is he holding the papers from us? Whats he trying to hide?
Why won't he give us the survey papers? Isn't this against the law to withhold
survey papers like this?

 

[jimmler]

I am sorry that your surveyor has not gotten back to you.

Was it in your contract with the surveyor to get a plat of his/her results, and to get "points on line" set? These are usually not included in a boundary survey price, and are usually priced out separately as optional items.

My advise would be to call the surveyor every day until you get the results you are looking for. The squeaky wheel gets the oil.

In his/her defense, this is an extremly busy time of the year for surveying, and your job was probably a small one compared to some of the construction stakeout work he/she is doing (yours probably less than $2000, construction stakeout probably more than $50,000, and keeping a whole crew of construction workers going every day).

We usually try to get people to get small boundary surveys done during the winter months, when construction staking is slow, and the leaves are off the trees and briars.

Good Luck.
jimmler

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