Legal Question in Real Estate Law in Maryland
Conflicting property Surveys
When we bought our house, there was a survey that was in the court records that was used for the purchase. Shortly after moving in, we paid to have another survey done to verify the boundries so we could put up a fence. That survey confirmed the original markers were in the correct location.
A builder is in the process of building behind our house and had another survey done for the lots. The survey was done by the same company we used. Unfortunately, they have now marked the property line about 5 feet inside our fence. With a fenceline of almost 400 feet, this is going to be costly, if the new survey is correct.
The portion in question is actually for a road and to mark ''lot boundary''. I don't want anything done until we can resolve this issue. What's my recourse to have this resolved and if necessary recover the cost of moving the fence, flower beds, etc.? Would I be entitled to a refund of the fees I paid for the survey if it was done incorrectly?
Tks.
3 Answers from Attorneys
Re: Conflicting property Surveys
In addition to what the other attornyes have expressed, I would advise you to contact the county parks and planning office to inform them that the new construction may be encroaching on your property and to ask them to issue a stop order on any more work until this boundary issue can be resolved.
Re: Conflicting property Surveys
If the surveyor you hired provided you with a true boundary survey, as opposed to a house location survey, then I think you can hold him responsible for the cost of moving the fence, etc., if the survey he provided you was incorrect. This is because you relied on his survey to locate your fence on what you believed was the true property line. If the legal description of your property, which you will find in your deed, contains a "metes and bounds" description, you should be able to use that to resolve the discrepancy. Or you can look at the plat in the land records at the recorder of deeds' office, which should give the dimensions of your lot. If some attempt is made to move your fence before you've satisfied yourself on this issue, you could seek a temporary restraining order in court.
Re: Conflicting property Surveys
The legal description of the property needs to be reviewed. This includes a review of recordation. This will address the "true" ownership of the property, that is who owns what parcel of the land.
If your survey was improper as to the land that you actually own then you may be entitled to compensation based on your reliance of the survey. There are several types of land surveys and this also needs to be considered.
Any insurance purchased may also be an avenue of recovery should you not own the property.
Contact an attorney for assistance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
