My parents purchased their land in 1961 and have a deed and survey from that transaction. The land has not been surveyed since, and no one even thought about the property lines, until my father passed away in 2010. A few months after the funeral, my mother began probating the estate (no will) and was advised to get a new survey to add to her deed. In the process of surveying, we discovered that the land markers were in a totally different place than they were during our childhood. My mother informed us that in 2006 her neighbor talked privately with my father and convinced him to move his cement post corner markers (we're not sure what he told my dad). The neighbor then had a new survey done and, bingo! he gained 3/4 acre of land along the property line. The neighbor now says, "Sorry, I have a survey showing the land is mine." Please tell me this is fraudulent.

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Originally Posted by afbooth

... The neighbor then had a new survey done and, bingo!, he gained 3/4 acre of land along the property line. The neighbor now says, "Sorry, I have a survey showing the land is mine." Please tell me this is fraudulent.

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Not fraudulent, but suspect. Unfortunately, you don't know what your dad agreed to. But if he occupied the land for almost 50 years, even if it was on the basis of an erroneous survey, it's likely that he perfected title to the 3/4 acres by adverse possession.

Moving the monuments seems like a totally misguided thing for them to have done. I can't imagine what your dad was thinking. He first should have talked to his original surveyor (or that surveyer's sucessor). Someone probably has the original survey notes, and they should have been consulted to determine if that survey was in error or not.

I would start by getting an attorney and taking the deposition of your neighbor and getting, under oath, his version of the conversation he had with your dad. That way you will know what you are up against.

Then have your attorney advise you whether you have a case.

There are cheap 'surveys' that don't hold up in court, where someone looks up the plot lines on the deed and marks them with paint/ribbons/stakes, and there are real ones done with surveying equipment, and if longitude and latitude are not part of the original borders, then measurements ivolving the nearest government marker, a metal circle embedded in the ground showing L&L. Plus it's only been 5 years since the cement markers were moved. It sounds like the neighbor doesn't have a real survey or any adverse possession rights, and talking your father into moving anything doesn't give the neighbor rights.

So you get a new survey based on the land description on the deed. If this new survey shows the markers were moved, then you have a cause of action against the neighbor.

Agree - new survey and then you see if there's a problem.

I am also not aware of any "cheap" surveys. In my area surveyors are licensed, bonded, insured. They make a mistake, they pay for it.

Yes, you have a new survey done, if he disputes the new survey, Also ask him to provide the name and company who did "his" survey, so that you can review the work and the info done

It is possible that there was no new survey, since if it did not change the deeds at that time, it most likely will not hold up.

And the 3/4 acre, how is it being used currently

There ARE two types, one cheap and one many times more expensive.
The first is generally called a Property Survey and is the kind you see being done with measuring tapes, a copy of the deed plot description, a copy of the town map showing adjoining properties, and some wood stakes with pink ribbon.
The second is an ALTA survey.
I know people in dispute with a neighbor and both 'professional' survey results were different and unresolved, and the court ordered a compromise. Given the history of old boundaries, it's not surprising.
I live on a lake that rises and falls. I can't even measure the depth of the plot with precision, and the sides go at all sorts of angles.

Thanks to everyone who helped answer this question. It's been so helpful. We're now pursuing an Action to Quiet Title with a lawyer. Of course, that increases the expense of the resolution, but it seemed to be the only thing that would put an end to it. Thanks again!

Please come back and let us know how this works out - I'm interested.