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Old 01-30-2008, 08:57 PM
 
Location: Arkansas
1,206 posts, read 1,905,693 times
Reputation: 1478

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We have a house beside us that has been foreclosed on, and it is being sold by Fannie May Mortgage. Well Fannie May and the buyer wanted a survey of the property, anyway the person that did this survey is stating that their property line is 5 feet over our fence line (which would make our property line literally fall in the middle of the road). Anyway we got the property from my parents in 2002, in 2003 we built our house on it. My parents had a survey done in 1981 and the legal description matches exactly what our Warranty Deed states. No have been no changes to the property lines since my parents bought the land in 1966.

We spoke to the people doing the survey and they say they went to the county court house and pulled our stuff except the 1981 survey and all they had to pull on the other property was the deed. Anyway my husband went tonight and dug up all of our corner markers, they were under ground so we know they didn't properly do the survey. We told them it didnt match our survey at all.

The thing is this people are tying to buy this house thinking that we taking some of their land but that isn't the case. We have already said we will not move anything without a court order, and we will not sign anything. We are talking about 1145 sq feet of land so it isn't just a little thing.

My questions are one how can they close on the house with a disputed survey, two how do we get this fixed, three where do we even start?
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Old 01-31-2008, 05:34 AM
 
Location: NE Florida
17,834 posts, read 21,657,425 times
Reputation: 43116
Did the survey company not put survey flags when they did the survey?
the flags are placed right over the corner markers. There is a machine that detects the markers so if they did not use this or dig how did they determine the property lines?
What did the survey company say when you told them they did not match your corner markers?
Is there a realtor representing the bank that holds the property, maybe they can help.
I wouldn't sign anything either, I would insist on the company coming back out to see the corner markers and how it differs form your survey to theirs
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Old 01-31-2008, 06:09 AM
 
Location: Arkansas
1,206 posts, read 1,905,693 times
Reputation: 1478
Quote:
Originally Posted by Karla with a K View Post
Did the survey company not put survey flags when they did the survey?
the flags are placed right over the corner markers. There is a machine that detects the markers so if they did not use this or dig how did they determine the property lines?
What did the survey company say when you told them they did not match your corner markers?
Is there a realtor representing the bank that holds the property, maybe they can help.
I wouldn't sign anything either, I would insist on the company coming back out to see the corner markers and how it differs form your survey to theirs

They did put flags but not where our corners are. My husband and my father dug up our 4 corners last night, they were completely under ground so there is no way they could have found them. My father knew where they were because he was here when they did the 1981 survey, and of course he owned the property from 1966-2002.

The house is a forcloser so it doesnt seem that the Realtor really cares one way or another.

Also I forgot to add last night, if our property lines are messed up (which I highly doubt they are) that would mean everyone that lives up here (we live on a mountain) is messed. So not only could this effect me but it has the potential to effect about 60 other people.
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Old 01-31-2008, 06:23 AM
 
Location: NE Florida
17,834 posts, read 21,657,425 times
Reputation: 43116
The realtor may not care but the bank that owns the property will
Because when it realizes that the survey company was wrong that would be a whole nother can of worms after closing.
If you get nowhere with the realtor or survey company go to the bank. You also may have to go up the "food chain" at the survey company & the realtor. Ask to speak to the owner and the broker.
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Old 01-31-2008, 09:01 AM
 
Location: New York City
1,836 posts, read 2,049,325 times
Reputation: 375
i'm assuming you didnt get a new title policy when you took title from your parents right? if you did, did they insure the survey? if so, call them and insist they fight this battle for you.

If not, you should call the surveyor who prepared your survey and explain the situation to them. Can you get a copy of the neighboring properties survey?

Basically, the surveyor's need to pull out the tax map filed with the county and go over them with the metes & bounds description recited in the deed to make sure they match.

Just because there are marker's or "stakes" on your property doesn't mean they are properly placed if you used a drunk surveyor. many title claims result from bad surveys.

someone needs to get the tax map, filed maps, survey, and metes and bounds descriptions recited in the current and prior deeds and get to work. if there are no metes and bounds then the filed map will have to do.
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Old 01-31-2008, 11:30 AM
 
Location: NE Florida
17,834 posts, read 21,657,425 times
Reputation: 43116
great post BK2Westchester

very helpful information
reps for you
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Old 01-31-2008, 04:51 PM
 
Location: Socialist Republik of Amerika
6,212 posts, read 8,462,426 times
Reputation: 1058
In Oregon the land would be yours, regardless of the survey, if you have used the land, maintained it and fenced it, for more than 7 yrs. it's yours.

Not sure how Arkansas ? works.

There is a county surveyors office that will have the history on your parcel, and maps to verify the pin locations that your relations found.

best wishes,

freedom
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Old 01-31-2008, 07:15 PM
 
Location: Arkansas
1,206 posts, read 1,905,693 times
Reputation: 1478
Quote:
Originally Posted by BK2Westchester View Post
i'm assuming you didnt get a new title policy when you took title from your parents right? if you did, did they insure the survey? if so, call them and insist they fight this battle for you.

If not, you should call the surveyor who prepared your survey and explain the situation to them. Can you get a copy of the neighboring properties survey?

Basically, the surveyor's need to pull out the tax map filed with the county and go over them with the metes & bounds description recited in the deed to make sure they match.

Just because there are marker's or "stakes" on your property doesn't mean they are properly placed if you used a drunk surveyor. many title claims result from bad surveys.

someone needs to get the tax map, filed maps, survey, and metes and bounds descriptions recited in the current and prior deeds and get to work. if there are no metes and bounds then the filed map will have to do.

When we bought the property from my parents we got the warranty deed, in 03 when we built our house on the land we or course had to have title insurance. the county matches exactly what we have on our legal description.
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Old 02-01-2008, 04:04 PM
 
Location: Great State of Texas
75,281 posts, read 36,449,990 times
Reputation: 18316
You had to pay for the lender's title insurance but did you purchase the owner's policy ?
The owner's policy is what insures you not the lender's policy.
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