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Old 08-15-2017, 02:20 PM
 
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I have a situation pertaining to a new ground survey of a new house that is closing tomorrow. I bought a new house on a half acre lot 2 years ago. Surveys were done, stakes placed, looks normal. A new house was just built next door and they performed a survey and moved the stakes 10 feet into my yard. The surveyors thought it looked odd because it encroaches on my leach field and clips my driveway. The original stake was placed beside the electrical and cable boxes in the front yard placing them on the corner of the lots. The new stake places these boxes squarely in the front yard of the new house. Looks very wrong.

I called the developer's representative who told me she is contacting the builder. I did talk to the real estate agent representing the buyer, who thought it looked odd that part of my side loading driveway on a half acre lot now belongs to her client and said she is going to look into if before closing tomorrow. That was last week and heard nothing until I emailed the developer's rep who now says she is going to get a copy of the survey. This developer is notorious for not getting anything done for anyone ever.

My question is what would be the next step if they close on the house and everything stands as it is as far as this crazy boundary is concerned? This, I think, would effect the resale value on this house. Also, it seems to me they are selling the same property twice to two different people. What government agency in any given State would one call? Would calling the bank holding the mortgage be the right call? Thanks to all for any advice!! By the way the State is southern Delaware.
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Old 08-15-2017, 02:32 PM
 
Location: The Triad (NC)
26,833 posts, read 57,830,396 times
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Quote:
Originally Posted by jmking View Post
I bought a new house on a half acre lot 2 years ago.
Surveys were done, stakes placed, looks normal.

A new house was just built next door and they performed a survey
and moved the stakes 10 feet into my yard.

I called the developer's representative who told me she is contacting the builder.
That was last week and heard nothing until I emailed the developer's rep
who now says she is going to get a copy of the survey.

My question is what would be the next step...
The same as should have been the FIRST step: ATTORNEY
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Old 08-15-2017, 02:52 PM
 
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You can do some checking on the county's GIS services and examine the property boundaries online. You can also get a copy of the adjacent plats at the county courthouse which you can use to support your position. One would think the county would've caught the mistake when they submitted their plans. There should be an information office that can answer your questions. Maybe the settlement lawyer needs to be informed of this.
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Old 08-15-2017, 03:01 PM
 
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Quote:
Originally Posted by MrRational View Post
The same as should have been the FIRST step: ATTORNEY
I misquoted, it's 12 feet into the land I bought. So I hire a lawyer to make a point in a court of law that land was sold twice? Folks hesitate on forking out lots of cash in order to prove the obvious. Let me put it another way, to whom do I file a complaint with before getting hosed by a lawyer?
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Old 08-15-2017, 03:13 PM
 
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Quote:
Originally Posted by lchoro View Post
You can do some checking on the county's GIS services and examine the property boundaries online. You can also get a copy of the adjacent plats at the county courthouse which you can use to support your position. One would think the county would've caught the mistake when they submitted their plans. There should be an information office that can answer your questions. Maybe the settlement lawyer needs to be informed of this.
Thanks for the advice. I looked at zoning on this property on Del.gov site and gives me the dimensions which tells me nothing. Most lots are still empty. I've lost no amount of property, only in that they shifted the boundary between the houses. I did talk with the surveyors who thought it did not look correct and they were going to hash it out with their boss. About a year ago they performed a neighborhood wide survey and told us nothing changed. Now this little half acre lot changed everything it seems.

I did talk to the sales rep handling the sale of the house, showed her how odd the boundary cuts into my driveway and leach field in the backyard. You would think she would be concerned and bring the issue up with their client and closing attorney.
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Old 08-15-2017, 03:23 PM
 
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I'll also add that we own a corner lot. There is an easement on the front and side of the property containing swells that drain off water. I do not own that, its common property. However, by shifting the property 12' the surveyors showed me that I now own part of the swells. Very wrong
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Old 08-15-2017, 03:30 PM
 
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I would contact the surveyor that did your survey. Stakes don't really matter are there pipes or steel rods placed at the corners? Does your survey mention any permanent property markers?
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Old 08-15-2017, 03:39 PM
 
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> So I hire a lawyer to make a point in a court of law that land was sold twice?

No. You contact a lawyer and explain the situation carefully to him, and then you ask him what to do to preserve your rights.

I suppose you could immediately send a certified letter stating that you dispute the (new) survey.
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Old 08-15-2017, 03:41 PM
 
Location: The Triad (NC)
26,833 posts, read 57,830,396 times
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Quote:
Originally Posted by jmking View Post
So I hire a lawyer to...

Let me put it another way, to whom do I file a complaint with before getting hosed by a lawyer?
best of luck to you.
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Old 08-15-2017, 04:02 PM
 
6,209 posts, read 6,580,879 times
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Quote:
Originally Posted by MidValleyDad View Post
I would contact the surveyor that did your survey. Stakes don't really matter are there pipes or steel rods placed at the corners? Does your survey mention any permanent property markers?
They were using a device in order to ping metal objects placed into the ground. Some corners of both properties had them but some corners did not, confusing the issue with the surveyors. Permanent markers I'm not sure about, this is a new development in a very wooded area.

The diagram of my property looks square, the stakes between the house are very crooked, not aligned straight back. There was no metal marker in the back.

The surveyors did get my name and phone number and said they would buzz me. I should have gotten theirs.
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