Legal Question in Real Estate Law in California

when two land surveys differ which takes precedent, the earlier one previously recorded or the latest one?


Asked on 7/26/10, 10:54 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

The one done correctly.

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Answered on 7/27/10, 12:03 pm

Land surveys are not generally recorded to my knowledge. So I think you need to restate your question and provide more information.

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Answered on 7/27/10, 2:45 pm

I just saw that you re-posted your question as a paid question. If you get an answer I cannot strongly enough recommend that you not rely on it. I have been a real estate and construction litigator for over twenty years. I spent over six years as a vice president and regional litigation counsel for the parent company of Fidelity National Title and Chicago Title. So I know my boundary disputes, and the way you have posed your question makes no sense. Surveys are only recorded as part of subdivisions pursuant to the Subdivision Map Act. That is not the situation you describe. Even in a subdivision, the survey map is only as a convenience, since it is the metes and bounds on the map, which just as easily could be listed in writing, that are determinitive of the location of property lines, not the survey. The survey takes it's information from the recorded metes and bounds of the parcels and then can be used to mark them on the ground, not the other way around. If anyone tells you otherwise in response to your question, you are getting complete misinformation. It is possible we are not understanding your question, but as you have posed it, any knowledgeable "dirt lawyer" should tell you it doesn't make sense. I would be more than happy to try to help you out with your question, but I would need to understand what is really going on and why you think surveys have been recorded and for what purpose to even begin to understand what is going on and how to help you.

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Answered on 7/27/10, 8:41 pm


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