Wow!! Thanks for the fleshing out the questions the surveyor will have to answer. It's clearly not gonna be as quite as simple as I thought...
Oh, no! My mom certainly cannot afford $5,000 for a survey. I hope your estimate is a high one!
This is all normal stuff in western Mass. Most of the deeds were written by the landowners. They cut out a lot here and there, and the distances could be 100-200' off in less than 1000'.
The deeds may fit together on paper, and in the minds of the owners, but the actual configurations sometimes bear little resemblance to their intent.
Unbelievable! I wonder how the situation is resolved when 2 surveyors come in with different boundaries on a property. Is there like an appeals surveyor board or something?
Unbelievable! I wonder how the situation is resolved when 2 surveyors come in with different boundaries on a property. Is there like an appeals surveyor board or something?
Like a lot of other questions in boundary surveying, the answer is "it all depends".
A surveyor's determination of a boundary is a professional opinion. Much like doctors may disagree on a diagnosis or treatment, sometimes two surveyors will reach two different conclusions.
Sometimes it comes down to available evidence - surveyors can only work with what they have, and occasionally one might have more information than another. Sometimes it's regional experience, where a surveyor is called in from far away and does not know the history of a particular area, so they reach a different conclusion than the local surveyor who has more information. (In theory, mandated recording of survey maps is supposed to solve that, but it really only mitigates rather than eliminates the problem.)
When two surveyors disagree, the best thing to do is have them contact each other and share evidence. One might modify their opinion if the other shares information that they did not have; I've seen it happen, and I've changed my own opinion based on new evidence before.
If they don't change their minds and there is a genuine conflict, the next best option is usually for the landowners to resolve it themselves. If your state has a provision for Boundary Line Agreements (or Boundary Line Adjustments), you and your neghbor may fix your common line at an agreed location and record your agreement (and the map) in the public records. It's generally a quick process and keeps costs way down.
That option is much better than what usually comes next, which is a court case to resolve the location. If the owners cannot come to an agreement, one may bring suit to quiet title. Then you have lots (and lots and lots) of time and money spent, well beyond what it would cost to resolve it amicably outside the court system.
Some surveyors avoid discussing these issues at all costs, preferring to stay out of any and all conflict save for delivering a survey and moving on to the next client. It's not uncommon for a surveyor to refuse to meet with another surveyor to discuss a conflicting survey. This may or may not be ethical or even legal, but it does happen.
Personally, I am happy to help out, but my license limits me on what I can do to help. I cannot give legal advice, and I cannot be an advocate for my client like an attorney is.
Thanks so much for letting me know the process when 2 surveyors disagree! Hopefully, we won’t run into that problem, but if we do, I have an idea of how it works.
With respect to your question regarding disputed boundaries no matter if its surveyors and/or owners in dispute I would direct you to chapter 38 of NC law. I have only recently read this NC code. The section re procedure may be of particular interest for you in that it requires a survey to be made within 30 days. I'd be interested to know if this provision in law is used much in NC. We have something similar and my opinion is it is not used as much as it probably could be. I also note that occupation plays a role in the chapter with respect to ownership of disputed boundaries.
To the surveyor community:
I am posting on behalf of my 92-year-old mother. I am new to this forum and am very grateful to post my question here!
My next door neighbor built a fence on their property that restricts access to my mother's property. The neighbor disagrees. The only way to settle the dispute is to get the property bounds (< 0.5 acre plot) officially surveyed. This property is in Cumberland County, North Carolina. I have called over 10 surveyors and only 2 returned my call. One told me he was too busy and to call back in 3 months - I did call back but he did not return my call. The other surveyor was very nice and told me there is a severe surveyor shortage (this was back in September 2022) and he is no longer taking new non-commercial jobs. I thought maybe there was some post-COVID back-orders that needed to be cleared and that I would just have to be patient. However, it is now July and surveyors are still not returning my call.
I fear the neighbor may be planning more infringements on my mother's property. I am posting here in the hope that someone has some light to shed on how I can get this job done ASAP. Any advice and recommendations are greatly appreciated!
Sincerely,
Gwen Stritter
Edit: 7/15/23
Hi, guys. I posted this question several days ago hoping against hope that someone would help me out. Little did I know that the amazing people on this forum would come to my rescue. You guys looked up my plot, pointed out the inconsistencies in prior surveys, and gave me an idea about how much it would cost. The good news is that through this forum’s contacts, I have found an excellent surveyor who can do the job in a few weeks.
You guys are all amazing and I want to extend my deepest gratitude to each of you who chimed in. If I have any other surveying questions, I know where to ask!
My best wishes to you all,
Gwen
@gstritter Please do let us know how this plays out after your new surveyor does their job.
Just wondering if Gwen ever found a surveyor and had the issue resolved....
I don't think it's possible to find a surveyor who can do any survey within 30 days.
Especially one that's in litigation.
I don't think it's possible to find a surveyor who can do any survey within 30 days.
Especially one that's in litigation.
I didn't see the words if possible in the 30 day part of the chapter 38 code.
