Legal Question in Construction Law in New Jersey
Property Line Survey vs. Plot Plan
We had a property survery performed by a professional suvery company(my neighbor was home when the company came to survey our property, and was in complete agreement with what he found at that time), went to the township to find out about coding/zoning laws, purchased a zoning permit to erect a six foot privacy fence on once side of our property, keeping the fence within an inch or more of the property line. Our neighbor is now saying 'something doesn't look right', and has hired a survey company of their own. Their survey company came and performed the survey of my neighbor's yard and came up with the same marker points. My neighbor continues to insist something doesn't look right, and says the surveys don't match his plot plans. The survey company measured 3 properties on either side of my neighbor, and said they had to go back to their office to read the results. Have you ever heard of such a situation? Is it possible for property lines to 'change', as my neighbor is implying? Thanks so much.
3 Answers from Attorneys
Re: Property Line Survey vs. Plot Plan
It is possible that the surveys done were overlapping. This could happen when surveys done by different companies, at different times, use different measurements. The boundaries described more particulary in your respective deeds are the official ones. It is also possible that your neighbor is mistaken, does not recollect where the boundary line is, or was verbally told that the lot he purchased was larger than it really was and never checked the deed.
Re: Property Line Survey vs. Plot Plan
Surveys are precise, but they are not exact. There are many reasons (proper and otherwise) why two surveys may differ slightly. Small differences are generally due to measurement error. In that sense, "error" is used in the mathematical sense of a difference between the true dimension and the measured one and does not imply a mistake. Large differences, particularly differences in shape, are usually due to mistakes or differences in understanding as to the real boundaries of the property.
For the moment, you should ensure that your surveyor is aware of the possible dispute. If your neighbor makes an issue of it, you will also need to consult a lawyer. There are several ways of resolving such disputes. Even if your fence does encroach on your neighbor's property, it does not necessarily follow that you have to move it.
I hope that information is of help to you. If you need further assistance, please feel free to contact me.
Re: Property Line Survey vs. Plot Plan
There can be differences in surveys. Most surveys have a starting point that is a known location. If the measurements start from different points, there can be slight differences. That is why I recommend that markers are placed by the surveyor.
I hope this helps!
Ron Cappuccio
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