Legal Question in Real Estate Law in Wisconsin

surveyor vs. surveyor

I am a waterfront property owner of approximately 80ft. Our neighbor purchased they're home about 6 months after we did. They're lot was at one time deeded an access of approx. 20ft. It doesn't leave much room for a dock let alone a boat. The angle that his dock is at clearly goes over our property lines. So we had our property surveyed. Our neighbor had his land surveyed in 2003 and ours was done about one month ago by a different surveyor. Our surveys do not match. According to our survey we own about two more feet which would mean he is definetly be infringing on our water rights. We can't even put our dock and boat where we had planned. Our neighbor even went to the extent of moving the boat we had parked at our dock to the other side of our dock so he could park his boat where he wanted. Please give some advice.


Asked on 10/09/05, 4:57 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Conflicting Surveys

One means of resolving conflicting surveys would be for both owners to agree on a neutral third surveyor to resolve the conflict. Failing that or any other type of alternate dispute resolution, only a judge can decide which survey is the most accurate, and the judge might also require a third survey. A lawsuit would be the only way to get this matter before a judge, which would be very expensive, so you are far better off negotiating a settlement.You are in an amazingly complex situation and need a lawyer to research the question. Your rights may be affected by the passage of time (i.e., adverse possession), so do not delay.

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Answered on 10/10/05, 7:36 am


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