Legal Question in Real Estate Law in Texas

Legal recourse aganist land survey.

We just recently purchased our home seven months ago, and were planning to have a pool install. We had the Public Utilities to come out and mark off the utility easement in the back of our property. We discovered through the Utility company that our (utility easement)is 24 feet from the back of our fence. The survey that we received at the closing of our home, which was done by the Survey company has a 16 feet (utility easment).

Do we have any legal recourse, since we have lost a portion of our property? If so, is it aganist the survey company, home builder or both.


Asked on 1/31/06, 8:16 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Legal recourse aganist land survey.

If the survey inaccurately shows the size and location of the easement, you may have recourse against the surveyer. If the deed from the homebuilder inaccurately describes the easement as an exception to your conveyance, you may have recourse against the builder. If your title policy inaccurately describes the easement in Schedule B, you may have recourse against the title company. All this is only determinable by examination of the survey, deed and title policy and comparing same to an accurate description of the easement -- this last is typically found on the subdivision plat.

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Answered on 2/01/06, 5:06 pm


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