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Western North Carolina The Mountain Region including Asheville
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Old 01-12-2010, 02:00 PM
 
Location: Fletcher, NC
98 posts, read 416,299 times
Reputation: 73

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Larry,

There is good video on title insurance on this site http://www.myfoxtwincities.com/video (sorry I couldn't find the exact address), but the truth is....it isn't going to help you much. I just did a survey were half a house encroached onto the neighbors property and when my client called the title insurance company for help....he was informed it was not covered. One form that you sign at a house closing is a waiver that removes liability for the insurer for items that would have been disclosed during the course of a boundary survey. So any problems pertaining to your boundary are not covered because many people sign that waiver unknowingly.

The difference in prices has a lot of factors.....In NVa for instance many times a surveying company will do a whole project from the initial boundary survey to laying out the house. Add to that.....the contractors who built the houses would need a survey for construction loan closing and occupany permits...you are getting a plan that somebody already paid for with just a change of name. That might not be the case for you, but when I worked in Maryland that was often the case in a lot of the project we did in NVa and MD. I know from experience that surveying costs A LOT more in that region.....my hourly billing rate is twice what it is in NC.

From the rates I see you quote you either didn't call enough surveyors ,are in an older subdivision, or have larger than an acre lot. Good job on finding the monuments yourself and good luck with your new property and enjoy WNC...it is a great place.
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Old 01-12-2010, 03:08 PM
 
Location: Weaverville
765 posts, read 2,221,890 times
Reputation: 400
Thanks for that info, I'm sure that folks sign a lot of stuff thinking that their settlement attorney was looking out for them. What they told me was that since we are in an older subdivision (original plats 1964) they said it wasn't necessary, probably for the same reason you laid out--I'd just be paying for the same thing done several times before, each time the house was sold.

I was surprised that the monuments were so easy to find, they are often torn out and lost over the years. However these had large metal stakes protruding from them although we still haven't dug up the ones out front. I checked with at least 3 surveyors and they all quoted the same prices for a 1/2 acre lot in an established subdivision here--wish I had known about you then, I'd have considered your bid.

As, for NVa, maybe there is intense competition. I saw what these guys did, they had to get out their theodolite and work their way back from a monument halfway down the block, and then had to survey and mark each corner. I also saw what they were paid on the closing costs listing; $250 for about 3 hours work for 2 guys and that didn't include the paperwork back at the office. The new plat even showed where the fenceline on one side was off by 6" and the other one was off by 8' on one end, so they put some work into it! This was just a one-shot survey ordered by the lender.

Quote:
Originally Posted by Terminusls View Post
Larry,

There is good video on title insurance on this site http://www.myfoxtwincities.com/video (sorry I couldn't find the exact address), but the truth is....it isn't going to help you much. I just did a survey were half a house encroached onto the neighbors property and when my client called the title insurance company for help....he was informed it was not covered. One form that you sign at a house closing is a waiver that removes liability for the insurer for items that would have been disclosed during the course of a boundary survey. So any problems pertaining to your boundary are not covered because many people sign that waiver unknowingly.

The difference in prices has a lot of factors.....In NVa for instance many times a surveying company will do a whole project from the initial boundary survey to laying out the house. Add to that.....the contractors who built the houses would need a survey for construction loan closing and occupany permits...you are getting a plan that somebody already paid for with just a change of name. That might not be the case for you, but when I worked in Maryland that was often the case in a lot of the project we did in NVa and MD. I know from experience that surveying costs A LOT more in that region.....my hourly billing rate is twice what it is in NC.

From the rates I see you quote you either didn't call enough surveyors ,are in an older subdivision, or have larger than an acre lot. Good job on finding the monuments yourself and good luck with your new property and enjoy WNC...it is a great place.
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Old 01-14-2010, 07:13 AM
 
Location: Fletcher, NC
98 posts, read 416,299 times
Reputation: 73
The one other thing I forgot about the price you paid for the survey in NVa (which is an excellent price for three hours work in that region) is that some surveyors will give bulk discounts to lenders. It isn't to bad from a business stand point to discount a survey if you are getting 50-100 surveys....and the lenders up there are definitely busy enough to place bulk orders for surveys....either way it sounds like you got an excellent price for your survey.

The 1964 subdivision does answer my thoughts though....there are quite a few subdivisions in the area that date from that time which are extremely hard to survey. Running into multiple monuments or no monuments at a corner isn't uncommon. There could be three reason for the monuments looking as you reported them;

1-They are a broken concrete monuments and you are seeing the bars used to reinforce the concrete
2-A previous owner found the pins and poured concrete around (fairly common and not a bad practice if the homeowner can place the concrete without disturbing the monument)
3-They are the cut off base of a fence post corner, in which case the corner SHOULD be very close

I would still agree that the price is high for a 1/2 acre survey. What is the name of the subdivision?
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Old 01-14-2010, 07:48 AM
 
Location: Weaverville
765 posts, read 2,221,890 times
Reputation: 400
We're in Woodland Hills just south of Weaverville. The quotes I got were a minimum value and might have been higher if the terrain was difficult or there were other complications. I was pretty shocked and asked them about the price and why it was so high and they said this was a pretty standard rate in WNC. Have a good one--Larry
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Old 01-14-2010, 09:34 AM
 
Location: Fletcher, NC
98 posts, read 416,299 times
Reputation: 73
I am surprised at the response. I just looked over the area and the platting, terrain, and lots which all look good. If you have any issues finding the front monuments or would want a quote.....email me (I think the email address is on here somewhere) or visit Terminus Land Surveying, PLLC.
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Old 07-28-2012, 08:44 PM
 
1 posts, read 1,624 times
Reputation: 10
i need some advise, can a neighbor file an adverse possion property, if the land has always been in the home owners name, i have put in a fence 4 feet inside my surveyed property and she is still threating me, i even put up no trsspaassing signs and had to call the police, now she claims she is going to file a law suit on me , does she have any legal rights to do that
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Old 07-28-2012, 09:47 PM
 
Location: The 12th State
22,974 posts, read 57,310,302 times
Reputation: 14874
Quote:
Originally Posted by tiedof bs View Post
i need some advise, can a neighbor file an adverse possion property, if the land has always been in the home owners name, i have put in a fence 4 feet inside my surveyed property and she is still threating me, i even put up no trsspaassing signs and had to call the police, now she claims she is going to file a law suit on me , does she have any legal rights to do that

Anybody can sue anyone,but doesnt mean they will win, as long as you have it documented where your property line then you have nothing to worry about.
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Old 07-28-2012, 09:50 PM
 
Location: Up above the world so high!
45,270 posts, read 86,188,712 times
Reputation: 39684
Quote:
Originally Posted by tiedof bs View Post
i need some advise, can a neighbor file an adverse possion property, if the land has always been in the home owners name, i have put in a fence 4 feet inside my surveyed property and she is still threating me, i even put up no trsspaassing signs and had to call the police, now she claims she is going to file a law suit on me , does she have any legal rights to do that
You really need to speak with a real estate attorney okay? Give one a call in the area the property is located in first thing Monday.

If the land has been being used by your neighbor for more than 20 years without anyone stopping her, she might have a case.

Better explanations here:

adverse possession lawyer attorney in North Carolina elements of adverse possession in North Carolina
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Old 07-29-2012, 07:25 AM
 
Location: Blue Ridge Mntns., NC
10,278 posts, read 14,138,948 times
Reputation: 8803
Quote:
Originally Posted by tiedof bs View Post
i need some advise, can a neighbor file an adverse possion property, if the land has always been in the home owners name, i have put in a fence 4 feet inside my surveyed property and she is still threating me, i even put up no trsspaassing signs and had to call the police, now she claims she is going to file a law suit on me , does she have any legal rights to do that

First of all, don't have any more conversations with the neighbor about this issue. Get yourself an attorney in your town who specializes in real estate titles for advice and have him/her tell you what your legal rights are. The attorney will ask you to bring in your deed(s) with the legal description of your land either in the deed or attached as Exhibit A etc.

Be prepared for what a neighbor who is threatening you because they don't know his/her rights either. So protect yourself first.
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Old 07-29-2012, 08:38 AM
 
Location: Western NC
729 posts, read 1,157,765 times
Reputation: 1101
If you look at your title insurance policy one of the exclusions is "in matters of survey". They give themselves an out for situations like this. Get an attorney. Fast.
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