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Project I should probably take a pass on

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JPH
Posts: 1449
 JPH
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Topic starter
March 8, 2021 7:45 am
(@jph)
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Joined: 9 years ago

A woman called wanting a survey of her deceased parents’ property, (that she's planning on selling).  The abutter recently had a survey done, and they received a letter from a lawyer who says that their driveway and fence are encroaching onto the abutter’s land.

In the letter, the lawyer proposes an adjustment to the line so that the fence and driveway will be on their land. 

This woman isn’t happy with that.  She believes that the survey is wrong, and if not, then at least her parents owned the land by adverse possession.

My first thoughts are that the boundary line adjustment seems like a reasonable approach, and why is this woman so upset and want to make a fuss about this since she’s selling the property?

I feel like doing anything but giving her a price, along with the warning that I may agree with the other surveyor would be construed as giving her legal advice.  But she could be just beginning a long and expensive process for not much reason.

I'm also thinking that no matter the how this survey shakes out, I don't think she's going to be happy with the result.

35 Replies
paden cash
Posts: 10482
 paden cash
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March 8, 2021 8:02 am
(@paden-cash)
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Joined: 11 years ago

Around here 99 times out of a hundred the "other" survey is usually reliable and reasonable.  But her need for a survey is legit.  Especially since she's probably going to sell.  This is the perfect time to verify that everything out there is where it's supposed to be.  Would you sign a boundary line adjustment based on your own neighbor's survey?   

If possible I might be prone to give her a price just to "look into" the adjoiner's recent survey.  Call the surveyor since he probably already has all the info.  If the contrary could be shown you would have a really good idea as to the scope.

I always inform prospective clients they may have to pay me to tell them something they don't want to hear.  That's part of our job.

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Grant Brady, Jitterboogie, RADAR and 2 people liked
Norman Oklahoma
Posts: 5554
 Norman Oklahoma
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March 8, 2021 8:09 am
(@norman-oklahoma)
5,000+ posts
Joined: 6 years ago
Posted by: @paden-cash

I always inform prospective clients they may have to pay me to tell them something they don't want to hear.  That's part of our job.

'struth. Get paid up front.

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dgm-pls liked

JPH
Posts: 1449
 JPH
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Topic starter
March 8, 2021 8:21 am
(@jph)
1,000+ posts
Joined: 9 years ago
Posted by: @paden-cash

Would you sign a boundary line adjustment based on your own neighbor's survey?   

I might, if I'm planning on selling, and the alternative is $20-30k and a year in court, over a small strip of land that really doesn't matter much, and still accommodates the driveway and fence.

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Tommy Young
Posts: 2363
 Tommy Young
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March 8, 2021 8:24 am
(@tommy-young)
1,000+ posts
Joined: 11 years ago

The woman needs to know the truth, or at least the best we can tell it.  Get some money up front, review the records, and if necessary, conduct some field work.  Either her parents encroached on the neighbor and the agreement will fix it, or the other surveyor is wrong.  A second opinion is certainly warranted here.

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1 Reply
JPH
 JPH
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(@jph)
Joined: 9 years ago

1,000+ posts
Posts: 1449
March 8, 2021 8:32 am
Reply toTommy YoungTommy Young

@tommy-young

I've already emailed her with a price, which I think will make her decision anyway. 

 

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RADAR and paden cash liked
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