The sequential selling of land vs a simultaneous conveyance.... Who ever is first has the senior property over the juniors because you can not sell the same land twice as the principle of ownership. If the sandwich lots are last then they are late to the party and dont get the cake and eat it too.....
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haywood county nc?ÿ
notoriously known for bad surveyors that you can??t even have a conversation with. ?ÿ?ÿ
the only signed plat we have received is one that shows state plane coordinates between existing objects, with true bearing and declination added from original plat, but get this, NO OPINION rendered. ?ÿ
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yes, I agree with everything you said. ?ÿ
surveyor no. 2 told us the correct way to survey this parcel in deposition. ?ÿHe did not do what he said should be done. ?ÿ
welcome to haywood county surveying?ÿ
Jim, my bet is that you are not experiencing the incompetence of a lot of surveyors but the opposite, and there will not be a matter of getting a surveyor to get it "right". Surveyors do not have authority to define when all the other monuments and lines are "wrong". It is often the case in our system that old records and surveys do not "fit" like a puzzle on the ground. In Colorado, a surveyor must show all conflicting lines, monuments and records AS EXISTS, that is the professional product. The only way to resolve conflcting lines and disputed property is by acts between LANDOWNERS, spelled out in your state. I would hire and pay a surveyor to show all the facts and conflicts on a plat, then use that as the tool to talk to the adjoineders. If your old line of agreement was recorded and is identifiable on the ground, that would be senior in Colorado. Good luck, these are always difficult. But they can be resolved permanently between willing neighbors. Don't go to court. There is no such thing as winning in court.
@jmk83 Still too bleary eyed (and just plain impatient) to read the next 6 pages without answering this.
Surveyors evaluate evidence under applicable law. The deed (along with everything referenced in it) is one piece of the evidence. The actions (or inactions) of all effected owners begin to impact the boundaries from the minute that parcel is created. The actions prior to the deed may also be important (think plat). If you per chance find a surveyor to slap the math on the ground, please send him here or refer him to Gary Kent.
In my market the litigation route will start at 50k in attorneys and filings. I would require at least a 20k retainer to start, and would stop work the second I went 31 days without a check clearing. My final fee could easily approach or exceed the attorney.
As has been said, your best bet is to approach the negotiating table with reasonable expectations in mind. Even if you are spot on you need a surveyor thst can walk a non-surveyor judge through the evidence, an attorney who can keep the surveyor on the legal path, and a judge who can comprehend it all. All this while another team of experts is picking apart every word they say and exhibit they show. I personally love that stuff, but it's not for the faint of heart (or pocketbook).
yes. ?ÿExcept in this case it??s a jury of our peers that will decide. ?ÿThey get to choose whether we own what our deed says and the monument that has been acquiesced to for 60 years, or what plaintiffs surveyor says. ?ÿIn which he thinks distances hold over monuments and platted bearings. ?ÿ
I??ve read enough to know I wouldn??t want to get involved and it has nothing to do with how difficult the survey is. ?ÿ
The best outcome would be to sit down with your neighbors, agree on a boundary on the ground, get it surveyed and recorded as an agreed boundary or if not possible with NC statutes a Boundary Line Adjustment. I chatted with a bull dog attorney recently and he stated to begin a boundary dispute in court it costs $20,000 and it goes up from there.
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@jmk83 getting the entire panel to understand the evidence and the law won't be any easier than getting one person who knows the law to understand the evidence...