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-Closing attorney chose survey company, I couldn't use my own.
-Closed vacant house, Estate Sale Nov. 23, 2015
-Boundary Survey, emailed to me by closing Attorney, Nov. 11 he indicated everything was fine on survey
-Stakes placed Jan. 7, 2016, surveyor stated to me neighbor retaining wall and fence encroached onto my side of property line 1.5 feet.
-Retaining wall 3 feet with back fill and pvc fence 6 feet, wall is approximately 9 feet in height, retaining wall faces my yard. No permits required for fence or retaining wall under 3 feet in my county. I am not sure if a permit is required for grading/leveling/backfill. I don't know how and if drainage will affect me on lower side of retaining wall.
-Spoke w/neighbor, work was done 1 year ago, backfill, retaining wall, pvc fence, he indicated there was a steep slope so he had yard leveled to install his ag pool, cement patio and sod. I am on the lower side, google maps shows a very slight slope hardly noticeable and not steep as he indicated. I have neighbor on lower side to my right with slight slope also.
-Spoke with my closing attorney, he said I had two options, have neighbor remove the wall/fence or create an easement. Attorney also said that title insurance company would not cover this issue.
Shouldn't have the boundry survey revealed/identified encroachment prior to closing? Any thoughts, insights? Who is responsible? I may need another attorney?
You might check county documents to see whether the previous owner granted an easement for the extra 1.5 ft to the neighbor. I looked at a house for sale that had this in place. It benefited both parties since the downhill party would not want the higher land to slide down on him, so there was a retaining wall that was built and an easement for that purpose that was in effect while the retaining wall was there.
My answer does not solve your issue, but it helps to find all the documents. Then if there is none, you can ask someone for either some cash compensation or something similar.
You might check county documents to see whether the previous owner granted an easement for the extra 1.5 ft to the neighbor. I looked at a house for sale that had this in place. It benefited both parties since the downhill party would not want the higher land to slide down on him, so there was a retaining wall that was built and an easement for that purpose that was in effect while the retaining wall was there.
My answer does not solve your issue, but it helps to find all the documents. Then if there is none, you can ask someone for either some cash compensation or something similar.
I appreciate the response as I was looking for a response from those with similar experiences. No easement recorded. No permits pulled by contractor. I gather this can be best answered by an attorney.
Pretty simple.......the boundry survey you have emailed was older than the work done 1 year ago. Any idea when it was done?
Who is responsible for this lack of information? You. You didn't survey the property until after you bought it. Your survey was new and found the issue.
Who is responsible for fixing it? That will be a negotiation between you and the neighbor.
Pretty simple.......the boundry survey you have emailed was older than the work done 1 year ago. Any idea when it was done?
Who is responsible for this lack of information? You. You didn't survey the property until after you bought it. Your survey was new and found the issue.
Who is responsible for fixing it? That will be a negotiation between you and the neighbor.
The boundary survey is recent, completed prior to closing, neighbors fence/wall was done 1 year ago. Attorney emailed copy of survey to me before closing date and indicated that survey was fine. Two months after closing, surveyors came out to the house and installed the corner markers and at that time they informed me that fence/retaining wall was encroaching 1.5 feet over my property line. This information was not noted on the hard copy survey that the attorney emailed to me before closing nor did the attorney make note of such encroachment.
I am under the impression that the boundry survey should have identified the encroachment prior to closing, hence either the survey company or attorney would be responsible for this oversight as I am now possibly facing a boundary legal dispute/issue, that could have been prevented and settled prior to closing. Thanks.
Two months after closing, surveyors came out to the house and installed the corner markers and at that time they informed me that fence/retaining wall was encroaching 1.5 feet over my property line. This information was not noted on the hard copy survey that the attorney emailed to me before closing nor did the attorney make note of such encroachment.
Why were the corner markers not installed when the survey was done and why was the encroachment info not relayed on?
What does your neighbor say about the survey? Does he agree these are where the corner markers belong? Did he get a survey before the work was done?
Why were the corner markers not installed when the survey was done and why was the encroachment info not relayed on?
What does your neighbor say about the survey? Does he agree these are where the corner markers belong? Did he get a survey before the work was done?
I do not know why the corner markers were not installed when the survey was completed, which was 12 days prior to closing. Closing attorney emailed a copy of survey prior to closing and stated that it was fine, encroachment issue was not raised. I learned of encroachment 2 months after closing when corner markers where placed on property by surveyor/company.
Neighbor states that contractor relied on county records survey and current chain link fence placement, he did not have a boundry survey done. Note, my chain link fence was installed inside property line. Neighbor is dumbfounded as well, he recognizes that contractor may have built fence over property line. See attached photo.
Your neighbor is responsible for the encroachment!
The surveyor may have some liability if you incur damages because they fail to properly indicate the encroaching item IF they were conducting a survey for the purpose of indicating all land issues. (did the survey you were sent show all structures, driveways, physical features, etc, or was it just to establish the land being bought was in fact X size and/or tax parcel XXX)
Your attorney can have some liability if they knew or should have known the survey failed to meet standards for a survey and they gave you an assurance everything was alright.
You probably will need to speak with another attorney if you have problems getting this resolved with your neighbor.
Check schedule B of your title policy as to whether it takes exception to the survey The ALTA 9 form deals with matters of survey. Then schedule an appointment with a real estate attorney to discuss.
This situation doesn't make any sense to me. Why in the world wouldn't the surveyor mark the property when he was there for the survey? I have never heard of anyone going back and putting in the stakes.
Do you actually have a copy of the survey? What is the date on it? The survey should show an outline of the house and where the fence is and all encroachments and easements.
The whole thing sounds really weird to me.
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