Picture this: your neighbor gets a land survey to build a new fence, but you don’t think the surveyor marked the property line in the right place. This scenario happens far too frequently, resulting in long-lasting land survey disputes. The good news is that there are a few things you can do to help resolve the issue. Follow these steps to settle the dispute before it goes to court.
Talk to the surveyor directly
You should first reach out to the professional who performed your neighbor’s land survey. Surveyors know property boundaries can be sensitive issues, and they understand that there are often two sides to the story. The surveyor will do their best to reassess the land before the fence is built. However, surveyors are busy, so they may not be able to make it out in time.
Because time is of the essence, try to call the surveyor as soon as you notice something’s wrong to have the land re-surveyed before the first fence post goes in the ground.
Hire your own surveyor
If the initial surveyor can’t fit you into their schedule, your next option is to hire your own land surveyor. During your initial conversation with the new surveyor, be sure to mention that you’re in the middle of a property line issue with your neighbor. These situations often take more time than a standard land survey, so your professional will want to know that before going in.
Additionally, some surveyors won’t work on land survey disputes at all. The surveyor may not want to put in the extra time for the job, or they might not want to get dragged into a pending legal dispute.
Work it out with your neighbor
After you and your neighbor have both had land surveys performed, you’ll need to resolve this property line dispute. Hopefully, you’re on good terms with your neighbor and can come to an agreement on where the fence should be built. More often than not, though, one neighbor is unwilling to budge. When this happens, you can bring it to the homeowners association (if applicable) or take your neighbor to court.
Keep in mind that going to court can cost quite a bit of money and take a while to work out. We recommend going over all of your options before taking your dispute to court.
Consult an attorney
If you’ve exhausted all other options, now’s the time to call an attorney for help. The best-case scenario is that your attorney can draw up an easement. The easement will protect your title to the land while allowing the fence to be built. It’s a win-win for both you and your neighbor.
Call our team for all of your surveying needs
Be sure to hire our team at D.G. Smyth & Co., Inc. the next time you need a land survey. We perform thorough and accurate work to reduce the chance of land survey disputes or fights between neighbors. We look forward to hearing from you soon!