Legal Question in Real Estate Law in Iowa

I am having an issue with a neighbor stating I have a concrete pad over on their property. We could not find all of the markers to string the property so we went back and checked all of the other neighbors property stakes and measured from both lot lines and found out that the marker that we did find was about 3 feet in the neighbors favor. I since notice a marker showed up by my concrete pad and they are saying I have to cut my concrete pad back. I told him he needed to have is surveyed again. The neighbor said he said he will see me in court. I said that is fine. Am i legally responsible for any court fees if I represent myself? I have documented everything and photographed the markers and saved the voicemails he sent. The city is aware of this and stated it is a civil matter and has nothing to do with the city. The city was very helpful and friendly about the situation. I just want to know what I can do to be prepared.


Asked on 8/27/15, 1:12 pm

1 Answer from Attorneys
Stephen Lombardi Lombardi Law Firm

Was the lot line surveyed by a licensed surveyor? If so have the survey filed with the county recorder. Whenever I buy property I have a survey performed to address any lot line issues before I close. When the survey crew comes out to survey they are instructed to drive metal survey pins into the ground. No exceptions. Did you have the survey pins driven into the ground? If not call them out again to put pins in the lot line. Wooden stakes are eye candy, iron pins are steak and potatoes.

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Answered on 10/23/15, 7:52 pm


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