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Surveyors help

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(@axa2020)
Posts: 5
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Topic starter
 

My land was surveyed the Surveyor didn't take in consideration my neighbors land but claimed the Neighbors (Fence) is on my land by 3 feet. My Neighbor got  Her land Surveyed and his plans shows that she is not on my land by 3 feet.

I have been calling my Surveyor to return to my house to fix it. He never return my Emails texts or phone calls..

My question is: what is my next step to resolve this problem

 
Posted : 06/02/2020 8:26 am
(@holy-cow)
Posts: 25292
 

Very interesting.?ÿ Two surveyors and they differ by six feet, if I understand what you are saying.?ÿ Wow!?ÿ Is this is a town with standard blocks and lots where each lot is something like 50 feet wide??ÿ Or is this out in the country between two large tracts of land?

We need far more information in order to be of any help with your question.?ÿ Give us all you can.

 
Posted : 06/02/2020 12:39 pm
(@bill93)
Posts: 9834
 

If each surveyor looked only at one lot each, working from some few found monuments, then they didn't do a proper job.?ÿ They need to consider the lots around their client's lot, and perhaps a whole block in some cases, to see how it fits together.?ÿ If the lots weren't created simultaneously then they also need to look at the history.

It is possible for a block to be significantly longer or shorter than the record, in which case some proportioning needs to be done so that all the excess or deficiency doesn't get placed in one spot.

 
Posted : 06/02/2020 1:15 pm
(@dmyhill)
Posts: 3082
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@holy-cow

At a minimum we need the state...

In regards to being off by 6 feet, I had about 10 feet of disagreement one time. Not sure why, until I found out that the neighbor's "surveyor" was a dude he knew at a construction company that had a total station.
Then, the other surveyor (on the other side) had used the wrong lead and tack at the intersection. Why he didn't look 1 foot away, I have no idea.

In that case it was a matter of you never get what you don't pay for.

 
Posted : 06/02/2020 1:44 pm
(@dmyhill)
Posts: 3082
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@axa2020

?ÿ

If you provided specifics, it is likely that you would have some very useful information pretty fast. The more you are willing to share the better as far as getting expert advice. But, surveyors should return your calls, and the neighbor's surveyor should as well.

 
Posted : 06/02/2020 1:46 pm
 Joe
(@one-cup-o-joe)
Posts: 240
Customer
 

Show up at the Surveyors office and explain the situation. Then see what they say.

 
Posted : 06/02/2020 2:40 pm
(@axa2020)
Posts: 5
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Topic starter
 

Can you give me the Address of the Surveyors Office..Thank You..!!

 
Posted : 06/02/2020 6:22 pm
(@peter-lothian)
Posts: 1068
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I took a quick look at your profile, and you indicate Massachusetts as the state you are in. At the risk of discovering that I'm the surveyor who hasn't returned your phone call, I will offer the following information.

There are roughly 300 licensed surveyors that are resident in Massachusetts. Do you know if your surveyor is actually licensed?

You can check here:?ÿ https://elicensing.mass.gov/citizenaccess/Default.aspx

Use the pull down for "Licensing Entity:" to go to the "Board of Registration of Professional Engineers and Land Surveyors". If you find that your surveyor is not licensed, you should file a complaint with the board. They have the authority to investigate and punish unlicensed practice.

If you find that your surveyor is licensed, but you don't know where his office is, you can post his name on the board, and one of us might know where or how to find him.

 
Posted : 07/02/2020 5:50 am
(@nate-the-surveyor)
Posts: 10522
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Did you get a survey plat?

Did you pay for the survey?

Can you collect a copy of the neighbors survey plat?

Can you provide pics of the discrepancy?

Don't be afraid to "go public". Every surveyor SHOULD be willing to "go public" with their work, and if it won't hold up to scrutiny, maybe they should park their license, and work under the direction of somebody else, until they do achieve adequate proficiency to go public.

So, bring out the plats, pics, and make a wonderful picnic, for some surveyors, on this cold day!

Nate

 
Posted : 07/02/2020 6:17 am
(@axa2020)
Posts: 5
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Topic starter
 

He gave me a survey plot/drawings. And NO I didn't pay for it yet because he is not answering my text or emails and calls. I also sent him a copy of the surveyed that was done on my neighbor property showings that he was wrong.The first day when he was surveying my property, I ask him :
1. Why are you not taking in consideration my neighbor's property line
2. Why are you reducing my neighbor's property by 3 feet without measuring her property..???
My surveyor without measuring my neighbor's property, he concluded that my neighbor's Fence is on my property by 3 feet.. I spent the next 4 months fighting with my neighbor to removed her fence 3 feet off my property.
My neighbor got a surveyor and based on the surveyor's is clear that my neighbor is not on my property by 3 feet.

 
Posted : 07/02/2020 8:50 am
(@nate-the-surveyor)
Posts: 10522
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I'm just rambling now. Have you got a copy of your neighbor's survey? If not get one. Then consider hiring her surveyor to survey yours. . End of fight. Then send a copy of the new survey to the surveyor. You hire who became non-responsive. .

 
Posted : 07/02/2020 11:12 am
(@holy-cow)
Posts: 25292
 

First, pay your surveyor for what he has done.?ÿ Whether or not you like the results has no bearing whatsoever on paying him.?ÿ You may find yourself in small claims or face a limited liability suit if you refuse to pay him promptly.

The work of a boundary surveyor is not to satisfy the wishes of the client but to determine the true location of the lines.?ÿ Look at it from the surveyor's perspective.?ÿ He must do the job to the best of his ability.?ÿ The end result may not be what you would prefer but that is simply unfortunate, but no reason to withhold payment.?ÿ He should arrive at the same conclusion whether he was employed by you or by your neighbor.

Now,if it turns out the surveyor you used is not licensed in your State then you have a case to take to whatever that State has that is the official entity overseeing the licensing process.?ÿ In similar fashion, if your neighbor's surveyor is not licensed in your State you should present the same information to that entity.?ÿ Some unscrupulous types have been known to pretend they are licensed to survey when they are not.?ÿ From the link provided above that appears to be the Board of Registration of Professional Engineers and Land Surveyors.?ÿ Use the information provided in the above link to research the two surveyors and then contact BRPELS, if appropriate.

 
Posted : 07/02/2020 11:25 am
(@axa2020)
Posts: 5
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Topic starter
 

Getting this surveyor to answer my text and emails or calls is not easy..HE doesn't answer my text or emails. I never said he is not going to get paid..I just need to know from him or anyone what is the steps to address this matter...When he started surveying my property and didn't take inconsideration my neighbor's property I had that feeling because he went across without knowing where her property line start or finish, so ask him to stop.!! He did continue to survey my property..?ÿ

 
Posted : 07/02/2020 1:38 pm
(@daniel-ralph)
Posts: 913
Registered
 

I am not comfortable conducting business via text message. That is an unacceptable mode of conversation in this case.?ÿ There is not much this forum can do for the OP unless we have more information. The advice given so far is all that can be done.?ÿ

There is a distinct possibility that the two descriptions don't match for whatever reason. Only a conversation with the map in front of all parties can a solution be found. In my neck of the woods this would generally be handled by the two surveyors first and possibly a title company with the lot owners brought on only when there is a solution to move forward with.?ÿ

That all said, communication is critical.?ÿ?ÿ

 
Posted : 07/02/2020 1:51 pm
(@nate-the-surveyor)
Posts: 10522
Registered
 

Suggest:

Take cell phone to neighbor, and ask permission to take pic of their plat.

Or?ÿ

Ask neighbor to provide a copy.

Or, only name and number of surveyor who performed work. Call him up, and get copy.

The more you learn. The greater possibility of resolution.

N

 
Posted : 08/02/2020 1:15 pm
(@axa2020)
Posts: 5
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Topic starter
 

My Neighbor gave me a copy of the Plat and it conformed that they are not on my property..I emailed the copy to my Surveyor but He is not answering any of my 6 emails...All I need is for him is to returned to my property and with my neighbor's Plat. I'm asking him to tell me the next steps to resolve this...just talk to me..!!

 
Posted : 10/02/2020 3:50 pm
(@nate-the-surveyor)
Posts: 10522
Registered
 

Post a pic of the plat. If you have trouble, send it to Holy Cow, or one of us. We'll post it for you. A PDF, tiff?ÿ or jpg.

N

 
Posted : 10/02/2020 7:05 pm