When surveyors stake out property is it possible that they can make major mistakes?

Question

i want to put up a fence on my property line and my neighbor says i am on his property. he had the land staked out but my survey that is 45 years old has the property line 5 feet further out. is it possible the surveyor made a mistake?

Answer 1

Yes they can, the same as any working person. 45 years ago they did not have the technology of today. I would suggest that you have both your properties re-staked by a professional land surveyor.

Answer 2

It is not only possible but any surveyor that tells you he never made a mistake is not one that I would hire.

The difference is in the PROCESS that the surveyor uses to minimize his chance for error.  Research, Review and ReCheck are good guidelines.

Ok.. having said that, there are other issues that are 'conflict' but not really a mistake.  For example:

Imagine a large block with a dozen or so lots and two neighbors condentding over the boundary.

Neighbor A has a deed that says his boundary is 300 feet from the north end of the 500 foot long block.  Neighbor B has a deed that says it is 200 feet from the south end.  Simple eh>

Now imagine that the block was built over a hundred years ago and is really only 499 feet in lenght... see the problem?

So this surveyor not only has to measure things but he also has to interpret the deeds and the conditions that existed over 100 years ago.  To that he has to factor in what has happened in the meantime and also toss in a bit of 'who got there first' (who holds the senior deed).

Bottom line.. the surveyor makes a professional judgement over which deed is correct, or if they are both wrong or something else.

Ok.. so.. back to your question.. the time of the survey is not as important as the accuracy.  Surveys do not expire.. only the surveyor does.  However, in 45 years other things may have occurred.  

a)  Are you USING that land?  IF so you may have aquired a prescriptive use to it - no matter where the boundary line is.

b)  When you bought the house, did the seller or his agent define the boundary lines incorrectly?  If they asserted the line to where the neighbor now contends it is incorrect, then the seller may be obligated to have a survey performed for you.

c)  Can you and your neighbor agree on a fence without regards to the boundary line.  If so, you create (and record) a fence line agreement that simply says it is a fence.. and neither gives up or takes any rights to the others land

ok.. thus ends survey 101.. come back next semester for the second course (grin).

.

Answer 3

they can stake major mistakes

Answer 4

they certainly can... especially if the previous survey was a really old one.... a friend of ours got upset with a neighbor's fence... the neighbor showed him the survey that HE had, which moved the back end of the property line over 16 ft from where my friend thought it should be..... friend got another surveyor to check it out and he moved the line five ft further back on friend's side.... they're STILL at it....

new survey ..... and then, once the two of you settle on where the line is, move your fence inside it by a foot.... but put something ON the line for the future's sake.....something permanent... we have rebar pounded into the ground at ours... so a metal detector can find it anytime....metal stakes work, but they can be moved.....

Answer 5

Of course -- but it doesn't happen very often.  If you have a title insurance policy, or a tract map, you can run your own survey and see what is what.

Answer 6

Surveyors only do what they are told by the deed.If he had wood stakes out it isn't as accurate as a 1/2 inch iron pin.Its easy enough to check just go to the court house or pull your deed from your files and measure it for yourself.Another thing about wood stakes is they are easy to  move.