Legal Question in Real Estate Law in Kentucky

surveyed wrong

My daughter and husband bought a house in July. When it was surveyed, it was disclosed that the original survey with previous owners was about 30 feet in error. The neighbor gained about 30 ft. My daughter's house is now within 2 feet of the neighbors property line. My daughter gained about 30 ft. on the other side of the house. The previous owners had a large sattelite dish installed on the property that they thought was theirs from the survey years ago that was wrong and also had a large pile of firewood. The owners that gained the 30 ft. now want my daughter to remove the wood and satelite dish from his property. My daughter did not originally put that there, the previous owners did thinking it was their property. Should my daughter be liable for removing that since it was installed by previous owners. My daughter has no claims to the property.


Asked on 11/27/98, 6:58 pm

1 Answer from Attorneys
Jeffery Hess Hawkins-Smith

Re: surveyed wrong

Get a good REAL ESTATE attorney. Make sure that counsel is specifically a practicing real estate attorney and not a generalist who says that they have real esatate esperiance.

Don't dispare, who says the new survey is correct, maybe the old one is. There will be some professional liability on one of the surveyors for the mistake. This serves to illustrate why a survey should be done prior to closing.

Good Luck.

Jeffery Hess

Hawkins-Smith

3309 Chuckwagon


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Answered on 1/11/99, 9:09 am


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