Hello.?ÿ ?ÿ7 years ago I purchased a foreclosure home and land from a certain bank.?ÿ ?ÿI financed I through a different bank.?ÿ A couple days ago the property owners next door told me that I had fenced over some of there property.?ÿ ?ÿThere was a survey done by both banks.?ÿ Now I the surveys were wrong. Do I just have to give up that piece of land that easy or can I get alawyer and fight for It since it was not my mistake.?ÿ?ÿ
You can get a lawyer and try, but there is another question. Why would you? You already admitted there was a mistake and you don't own it. That means someone else does. Any lawyer that helps you is simply aiding and abetting.?ÿ
Tough fight.?ÿ Also, I am betting that neither bank had a true survey done.?ÿ They probably only had what is sometimes called an Improvement Location Certificate or Mortgagee Title Inspection performed.?ÿ They are not true surveys and are subject to being correct by a true boundary survey.?ÿ Those are very popular in certain States by lending institutions to avoid the significantly higher cost of a true survey and the problems said survey may discover.
Also, what proof has the neighbor provided to you of a legitimate survey being done on their behalf??ÿ You need to find a reputable local surveyor and have a new survey performed to determine whether or not it agrees with whatever document the neighbor's provide you.
Did the adjoiner have a real survey done, or how does he know the fence is over the line? Can they point out corner monuments??ÿ I hope it isn't just from a GIS tax map, because those are not controlling for boundaries, just parcel identification, and are generally not accurate enough to determine whether a fence is on the line or not.
I see the OP is in Texas, for whatever that may imply.
Also, on your profile, you indicated that you hold a Texas license to survey.?ÿ Your post doesn't sound like it, so you should probably go back into your profile and edit it.
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Assuming the neighbor is correct then seeking a remedy against the neighbor for the "mistaken" Survey he was not a party too is almost impossible. The best course of action is to find where the true boundary is located and use that.
I'm not sure why you have received responses. More information is required.
First, you might look at it as moving your fence to the proper boundary and not as "giving up land". You may have been occupying land that was not yours for the last several years.?ÿ
Second, the bank doesn't do surveys. Surveyors do surveys. Your beef is with the surveyor(s).
Third, just because 2 surveyors do not agree does not necessarily mean that one of them is wrong.?ÿ Measurement is an exact science, the practice of boundary recovery is not. It is very possible for 2 surveyors to have the same evidence in hand and to come up with different, yet legally defensible, solutions.?ÿ
Fourth, If one surveyor really did make a mistake he may be liable for the cost of moving your fence.?ÿ
Fifth, there are circumstances where the act of constructing and occupying to a fence line may create a new boundary. The laws governing this vary from state to state. So there is a chance. But one thing is sure, its going to cost less to move the fence than it will to litigate.
One thing to keep in mind, you have to live next to your neighbor until one of you moves or dies.?ÿ I'm not saying you should not determine the correct location of your property boundary but you should do it in a hospitable way.?ÿ Going straight to the lawyers will just create a tension that will never go away until on of you does.
That being said, maybe the best plan of action would be to jointly hire a surveyor to locate the correct boundary line.
Great news I went to title company and found survey.?ÿ ?ÿSurvey states clearly I fenced on my steaks and nothing else.?ÿ ?ÿNow I'm ready?ÿ
Moving a fence may not be a trivial matter, either in cost or inconvenience.
You need to talk to a lawyer. This is not a survey issue. There are numbers of issues. Us surveyors are familiar with these issues.
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A few questions you might ask a lawyer:
Who should pay to move the fence?
Who should pay for the new survey??ÿ
Is your fence really in the wrong spot?
How much will it cost to fight this? (Whatever this may be.)
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I am guessing that once you get through with that conversation, a six pack of beer with your neighbors might be the best solution.
You need to talk to a lawyer. This is not a survey issue.
We have no information about what indicates the fence is in the wrong place.?ÿ Somebody told him so. So what??ÿ
Don't go to the lawyer until you have a better reason to think there is a problem.
You need to talk to a lawyer.
If your best tool is a hammer, everything looks like a nail.?ÿ A lawyers best tool is litigation.?ÿ?ÿ And that's expensive.
You need to talk to a lawyer. This is not a survey issue.
We don't know that, yet. It might be a survey issue. It will cost a lot less to determine that than it will to consult a lawyer. My advise to the OP would be to talk to both of the surveyors first, then, if necessary, take the maps of the 2 surveyors to a 3rd for a review.?ÿ