Legal Question in Real Estate Law in Indiana
Zoning conflict. Indianapolis suburb.
Owner of property A brought in a surveyor on purchase of land 3 years ago to find exact limits of the property. Owner of adjacent property B now intends to extend a fence around their property, and Surveyor B has marked property B as extending approximately 2 feet into what was supposedly part of property A. Owner of B has made no mention or motion toward that section of land at time of first survey or in the intervening 3 years, but is now having contracted workers demolish long standing landscaping.
What possible courses of action are available to owner A at this point?
1 Answer from Attorneys
If I'm understanding your recitation, the surveys must be in conflict. If so, a judge has to decide which one is correct. It doesn't matter that owner B made no mention of his survey. If it's his land, it's his land.