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Conflicting Surveys and Property Corner Dispute

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(@joanie)
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Rich., post: 381378, member: 10450 wrote: The last has IRS at each corner for iron rod set

Yes, that is what we were told by the latest surveyors who claimed they were no longer there.

 
Posted : July 16, 2016 2:27 pm
(@rich)
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$350?!?!?!?!?!?!?!?!?!?!

Yikes. I charge that much to drive to a site and look at something

 
Posted : July 16, 2016 2:28 pm
(@joanie)
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Nate The Surveyor, post: 381379, member: 291 wrote: Joanie,
I will concede, Robert may well be right... In a legal environment. However, in the dig to get to the bottom of things, I like names.
What if the plats are fictions, and the builder just measured down the street, with a 100' tape, And somebody at the back end held 101'?
If you post a copy of the latest survey, thatd be good.
Land surveying. There's usually more to the story.

N

We've requested the latest survey from the builder and am waiting on a reply. I'm anxious to see it as well. I'll keep you updated.

 
Posted : July 16, 2016 2:28 pm
(@joanie)
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Rich., post: 381382, member: 10450 wrote: $350?!?!?!?!?!?!?!?!?!?!

Yikes. I charge that much to drive to a site and look at something

Yes, well they're next on our list to contact. We want to know exactly what they did.

 
Posted : July 16, 2016 2:31 pm
(@rich)
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Joanie, post: 381384, member: 11920 wrote: Yes, well they're next on our list to contact. We want to know exactly what they did.

To be honest, they already had a survey of the property. Probably did it just before for the CO to get closed out on construction.

They charged $350 to certify the survey to you for the closing....maybe to go update it as well but maybe not even if the house was just finished very soon before.

 
Posted : July 16, 2016 2:35 pm
(@joanie)
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Rich., post: 381385, member: 10450 wrote: To be honest, they already had a survey of the property. Probably did it just before for the CO to get closed out on construction.

They charged $350 to certify the survey to you for the closing....maybe to go update it as well but maybe not even if the house was just finished very soon before.

I'm sure you are right. We haven't been happy with these builders due to all the shortcuts and poor quality. This issue is the latest of many we've had with them. So, would this survey not be binding then? It matches the original one.

 
Posted : July 16, 2016 2:41 pm
(@rich)
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That has nothing to do with survey itself. Just was wondering why it was so cheap. Then realized it was most likely just a price to update a survey they already did. Standard procedure here in NY

 
Posted : July 16, 2016 2:47 pm
(@roger_ls)
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Joanie

Hate to say it, but you probably need your own surveyor. There is too much weirdness here, and really the only way to challenge a survey is with another survey. Talk on this forum, or analyzing maps as a homeowner is not going to get you there. Find someone good that you are comfortable working with and go from there.

 
Posted : July 16, 2016 3:17 pm
(@dave-karoly)
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Joanie, post: 381380, member: 11920 wrote: I believe they are truly surveys. The very first one I posted (subdivision plat) is specifically referenced (surveyor name and date) in our deed as the land we purchased. The 3rd one I posted (the one done prior to closing) is line itemed in our settlement papers and billed to us as "Survey" "performed by ______" for $350. It was included in our closing costs.

A survey looking thing with IRS at the corners with no indication of how the surveyor established those locations is not an adequate Survey effort in California.

 
Posted : July 16, 2016 3:42 pm
(@deleted-user)
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Joanie, post: 381386, member: 11920 wrote: I'm sure you are right. We haven't been happy with these builders due to all the shortcuts and poor quality. This issue is the latest of many we've had with them. So, would this survey not be binding then? It matches the original one.

I don't think it was an update of a survey. Since it was included in the closing costs, it is most likely a mortgage location survey or some call it a mortgage inspection survey. Holy Cow suggested that this was a possibility. It is NOT a boundary survey. It protects the lender and not the buyer. They are not performed here anymore in my state for many years. Some states they have to be clearly stated on the drawing that it is a mortgage survey and not to be used as a boundary survey.
Even though it walks and talks like a duck, I mean survey it is not a real survey. That is why it is only $350.
But there is still the issue of the conflict of the chiseled crosses and like others have said there some fishy things going on. The fishy thing to me that the builder's surveyor should have set the IRs and established a benchmark for contraction, then checked the foundation forms prior construction to check for setback compliance. Then return after construction to do a final survey of all improvements and resetting any corner markers that were destroyed by construction or utility digging.

 
Posted : July 16, 2016 4:13 pm
(@dave-karoly)
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Robert Hill, post: 381391, member: 378 wrote: I don't think it was an update of a survey. Since it was included in the closing costs, it is most likely a mortgage location survey or some call it a mortgage inspection survey. Holy Cow suggested that this was a possibility. It is NOT a boundary survey. It protects the lender and not the buyer. They are not performed here anymore in my state for many years. Some states they have to be clearly stated on the drawing that it is a mortgage survey and not to be used as a boundary survey.
Even though it walks and talks like a duck, I mean survey it is not a real survey. That is why it is only $350.
But there is still the issue of the conflict of the chiseled crosses and like others have said there some fishy things going on. The fishy thing to me that the builder's surveyor should have set the IRs and established a benchmark for contraction, then checked the foundation forms prior construction to check for setback compliance. Then return after construction to do a final survey of all improvements and resetting any corner markers that were destroyed by construction or utility digging.

It's like the keystone kops of surveying. They thoroughly loused it up then are trying to fix it to the detriment of the innocent lot owners, oh well, this kind of thing has been going on for a long time. Punish the innocent, reward the guilty.

 
Posted : July 16, 2016 4:30 pm
(@rich)
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Robert Hill, post: 381391, member: 378 wrote: I don't think it was an update of a survey. Since it was included in the closing costs, it is most likely a mortgage location survey or some call it a mortgage inspection survey. Holy Cow suggested that this was a possibility. It is NOT a boundary survey. It protects the lender and not the buyer. They are not performed here anymore in my state for many years. Some states they have to be clearly stated on the drawing that it is a mortgage survey and not to be used as a boundary survey.
Even though it walks and talks like a duck, I mean survey it is not a real survey. That is why it is only $350.
But there is still the issue of the conflict of the chiseled crosses and like others have said there some fishy things going on. The fishy thing to me that the builder's surveyor should have set the IRs and established a benchmark for contraction, then checked the foundation forms prior construction to check for setback compliance. Then return after construction to do a final survey of all improvements and resetting any corner markers that were destroyed by construction or utility digging.

Actually.... your right. I was thinking that both the pre construction topo and the survey used at closing were done by the same surveyor. Which lead me to believe he did the as built and probably just certified it to the owners for closing for 350.

If it's a new survey for 350..... like I said originally.... yikes.

 
Posted : July 16, 2016 5:05 pm
(@joanie)
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Thank you again for all of your wisdom and advice on land surveys. My husband is anxious to read all of your responses (he worked all day today). I know the laws vary from state to state, and I did brief myself yesterday by reading what the surveyor's responsibilities are by law in the Commonwealth of VA, and I don't feel they've been met in our situation.

You all have definitely helped to lead us in the direction of contacting our own surveyor. Now I just need to find a way to get the builder to pay for it. Somebody messed up here, and we want them to be held responsible. We are also going to consult a lawyer who specializes in this field and who was referred by our realtor. We should get a lot of questions answered about our legal rights during that consult.

This forum was such a great starting point. I am grateful to all of you who took time out of your Friday night and Saturday to weigh in on the situation. I appreciate all of your responses. If you're interested, I can keep you informed of what happens going forward. There are definitely some mysteries that will be uncovered!

Hope everyone has a great night!

 
Posted : July 16, 2016 5:46 pm
(@peter-ehlert)
Posts: 2951
 

yes, do keep us posted
thanks

a good sit down with your surveyor of choice (pay for a couple hours of review), review of all the documents and survey first.
second opinions are also wise, face to face.

last would be to meet with that atty.

good luck

 
Posted : July 16, 2016 6:01 pm
(@dave-karoly)
Posts: 12001
 

Joanie, post: 381397, member: 11920 wrote: Thank you again for all of your wisdom and advice on land surveys. My husband is anxious to read all of your responses (he worked all day today). I know the laws vary from state to state, and I did brief myself yesterday by reading what the surveyor's responsibilities are by law in the Commonwealth of VA, and I don't feel they've been met in our situation.

You all have definitely helped to lead us in the direction of contacting our own surveyor. Now I just need to find a way to get the builder to pay for it. Somebody messed up here, and we want them to be held responsible. We are also going to consult a lawyer who specializes in this field and who was referred by our realtor. We should get a lot of questions answered about our legal rights during that consult.

This forum was such a great starting point. I am grateful to all of you who took time out of your Friday night and Saturday to weigh in on the situation. I appreciate all of your responses. If you're interested, I can keep you informed of what happens going forward. There are definitely some mysteries that will be uncovered!

Hope everyone has a great night!

VA is a relatively large State, where are you? What City?

 
Posted : July 16, 2016 6:07 pm
(@joanie)
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Dave Karoly, post: 381399, member: 94 wrote: VA is a relatively large State, where are you? What City?

Northern VA.

 
Posted : July 16, 2016 6:12 pm
(@dave-karoly)
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Joanie, post: 381400, member: 11920 wrote: Northern VA.

Alexandria has an excellent law library. My sister lives in Park Fairfax.

 
Posted : July 16, 2016 6:18 pm
(@nate-the-surveyor)
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Just a thought. Many surveyors that I know, do not like to go to court. Try to pick a surveyor who actually enjoys it!

You might even pick the surveyor before you pick the attorney. And that surveyor might recommend one. I know for myself, working alongside a good attorney is not a problem. Working alongside an attorney who doesn't know what he's doing is a real pain.
Just a few thoughts.

N

 
Posted : July 16, 2016 7:03 pm
(@dave-karoly)
Posts: 12001
 

The first thing is to hire a local boundary surveyor who does forensic work to go in to the subdivision and find out what the heck is going on, why is there conflicting control in a relatively new subdivision? The results of that will inform the next step.

A comprehensive investigation. Don't hire one of the subdivision mill surveyors. Get a real boundary surveyor who is licensed in Virginia.

 
Posted : July 16, 2016 8:21 pm
(@andy-nold)
Posts: 2016
 

Boy, I'd be pretty ticked if I had a bunch of out-of-state surveyors giving advice to my client without knowing all the facts. Sounds like Rankin File's ring-ring from Susy Realtor getting bad advice from an out-of-state surveyor in Montana.

One thing I noticed in the closing survey is that it shows a "0.5' SWE". Without seeing a legend, I can only assume that refers to a sidewalk easement. In spite of the fact that the survey plat calls for "IRS", which I take to mean iron rod set, it may be that the x-cuts in concrete are the actual corner.

I think I would go easy on judging any of the surveyors based on the highly redacted plats we have seen and without being fully informed of the facts.

 
Posted : July 16, 2016 9:26 pm
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