Legal Question in Real Estate Law in New York

Survey Marker Covered/Removed

The housing development I built in 1.5 years ago is almost complete, the last home is just about done and is next to my home. The lot was final graded 2 weeks ago and this week I noticed that the front corner iron pin survey marker is gone. I paid the builder to have my lot surveyed and marked with iron pins as part of my contract. It appears the pin in the front, which had an orange flag on it, was buried or removed when the grading was done on the lot adjacent to mine. The wooden stake the surveyor put next to the pin is still there. I probed around the wooden stake to see if I could find the pin and did not hit it. I have asked the builder to correct this by re-marking or re-establishing the pin. I am correct that the builder or his subcontractor who did the grading is responsible to find or replace the marking pin?


Asked on 6/24/05, 3:27 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Survey Marker Covered/Removed

Not exactly. Only a professional engineer or surveyor is authorized to install boundary monuments. I would suggest that you first send a demand letter to the builder to identify the location of the pin (if it's buried). If they can't find it, then they owe you for the cost of having a surveyor come back and pin the corner. This will cost around $1,000, since most surveyors charge a minumum of four pins and each pin runs around $200 to $300.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

Read more
Answered on 6/24/05, 5:06 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York