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As far a you not having a copy of a survey, if it was a legal survey by licensed surveyor then the survey would have been filed at your local court house---after you paid your surveyor's bill. If it was just a fence location staking then there likely was no survey.
Is this property within an incorporated town?
That's not necessarily true. I've had surveys done by licensed surveyors which were never recorded.
I got my gun back long ago. Hes a old windbag that will do the same thing he did yesterday.... nothing.
I'm not doing ANYTHING unless ordered by a judge. He will have to take me to court before anything else happens and i doubt his wife will give him the money to open that can of worms.
Im gonna start smiling and waving and calling him Ricky... that should get the ol" blood pressure up
The problem is that the fence contractor built based on the data the OP provided.
If that data is wrong, or even just unverifiable, the onus stays with the OP to make it right.
There's nothing to make right. If the survey shows the fence is on the neighbor's property, the neighbor can take it down. But he bought the property knowing about the fence, and the OP doesn't owe him anything.
Did your title company or lender not require a survey when you purchased the property? If they did, then go to the title company where you closed (or whoever did the closing) and see if they have a copy. If it was long enough ago it might take them a while to dig it out of the archives, though.
This. If you got a mortgage you got a survey when you bought the house. Your neighbor most likely has a survey too.
This. If you got a mortgage you got a survey when you bought the house. Your neighbor most likely has a survey too.
Surveys are not always required at the time of sale in platted subdivisions. Besides, the fence was not up when the OP bought his house--he had the fence installed later after the property line was surveyed.
My guess is that the neighbor is not going to pursue this because he'd need to shell out money to pay for a survey to have any legitimate claim.
I've purchased two houses, in two states, and didn't get a survey on either. Both were in subdivisions.
However the developer of the subdivision would have had the Plat Map recorded. The OP should at least try to obtain that from the county if there is no way he can obtain the survey he had done.
However the developer of the subdivision would have had the Plat Map recorded. The OP should at least try to obtain that from the county if there is no way he can obtain the survey he had done.
There are enough errors between plats and "As Built," buyers should always have a survey before closing.
In this thread, there is no survey, so it comes down to "He said" vs. "He said," until at least one professional survey is done.
Of course, to get to court, there likely will need to be another professional survey with a different opinion.
There are enough errors between plats and "As Built," buyers should always have a survey before closing.
In this thread, there is no survey, so it comes down to "He said" vs. "He said," until at least one professional survey is done.
Of course, to get to court, there likely will need to be another professional survey with a different opinion.
Correct.
In my last home/neighborhood, the builders screwed up. I lived on a somewhat steep road, so each lot was leveled, and there were retaining walls between each house.
As common sense would dictate, the house that was higher should also be the owner of the retaining wall that is between the lower house and the higher house. (If the retaining wall fails, it's going to be impacting the higher house's lot after all.) Not to mention, mowing the grass, edging along the wall should be the responsible of the homeowner whose yard is right there, not below.
That was how the survey showed the lots were designed. However, the builder screwed up, and built the homes about 3 ft west of where they should have been built. So according to the official survey, it was the lower house that was responsible for the retaining walls, and about a foot of land past it.
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