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Rich_in_NJ · Aug 3, 2009, 09:54 AM

I have a situation I was hoping to get a little information on. We were going to put up a fence on a "supposed" property line, when our neighbors disputed that the property line was in fact 2 feet closer to our house than our survey had outlined. We live in Northern NJ. Not sure what can be done about the issue with the property line since we had only been in the house for about 5 years, but do we have any claim to the title insurance company, since the survey conducted was incorrect? I was wondering if anyone had any suggestions on how to proceed, knowing NJ real estate laws.

Thanks
Rich

JudyKayTee · Aug 3, 2009, 10:00 AM

Have you contacted the surveyor who did YOUR survey to ask about the discrepancy?

In my area the Title Company does NOT certify that the survey is correct. The surveyor does.

My neighbor handed me a survey which he had done when I put my fence up - contacted my surveyor and discovered "his" surveyor was quite far off the property line for some unknown reason.

Rich_in_NJ · Aug 3, 2009, 10:04 AM

Yes we contacted the surveyor and he now admits he had made a mistake. He is going to come out tomorrow and conduct a new survey. To the extent he was wrong (which he now believes he may have been) I need to understand my next steps, or at least get a sense of what my option are - outside of doing nothing.

Rich_in_NJ · Aug 3, 2009, 10:06 AM

Also, I meant to say title insurance, not title company. We purchased title insurance to cover in the event of a property issue like this I guess.

JudyKayTee · Aug 3, 2009, 10:06 AM

No problem - how have you been harmed by his error?

Paid too much for the property? Installed fixtures which now must be removed?

Rich_in_NJ · Aug 3, 2009, 10:44 AM

Well basically there is about 300sq/ft less land on the side of the house than we had thought when we purchased. May not see like much but our total yard is only 4000sq/ft.

AK lawyer · Aug 3, 2009, 11:48 AM

Originally Posted by Rich_in_NJ

Yes we contacted the surveyor and he now admits he had made a mistake. He is going to come out tomorrow and conduct a new survey. To the extent he was wrong (which he now believes he may have been) I need to understand my next steps, or at least get a sense of what my option are - outside of doing nothing.

Ask the surveyor to compensate you for the difference between what you paid had you known the true boundary and what you did pay.

JudyKayTee · Aug 3, 2009, 11:54 AM

Is your Deed correct?

I'm surprised your Attorney didn't catch the discrepancy on the Deed.

excon · Aug 3, 2009, 12:14 PM

Hello:

I've been reading, and I'm confused... WAS there a property line when you bought the property? DID you hire the surveyor BEFORE you bought it? Why? WHY did the neighbor do a survey? Why did it take your wanting to put up a fence to reveal this problem? I realize it LOOKED bigger at some time in the past, but did it LOOKING bigger cause you to DO something, other than to think it's bigger than it is??

A question for the legal minds. IF he thought he was buying 4,000 sq ft, and actually BOUGHT 4,000 sq ft, is he damaged because it LOOKED bigger?

excon

AK lawyer · Aug 3, 2009, 12:21 PM

Originally Posted by excon

... IF he thought he was buying 4,000 sq ft, and actually BOUGHT 4,000 sq ft, is he damaged because it LOOKED bigger?

excon

OP says that "basically there is about 300sq/ft less land on the side of the house than we had thought when we purchased."

If you relied on a pre-purchase survey in making the decision to buy, I can see that may affect the value to some small amount, particularly if you find that you don't have the side yard you thought.

excon · Aug 3, 2009, 12:27 PM

Originally Posted by AK lawyer

OP says that "basically there is about 300sq/ft less land on the side of the house than we had thought when we purchased."

Hello lawyer:

He also said that HE surveyed the property, so I can't see how that effected his decision to buy, unless he hired him BEFORE he bought. If that's the case, why didn't the seller have a survey done, or what did the seller purport the sq footage to be?

I'm just not sure WHERE is wrath should be directed, or if he should actually HAVE any wrath.

excon

AK lawyer · Aug 3, 2009, 12:34 PM

If OP paid for a pre-purchase survey, why would the seller pay for a survey too?

If so, and OP relied upon the survey (whoever paid for it), he arguably has a case against the surveyor (certainly not the title company), but admittedly wrath should be very tiny.

Rich_in_NJ · Aug 3, 2009, 12:46 PM

Originally Posted by excon

Hello:

I've been reading, and I'm confused.... WAS there a property line when you bought the property? DID you hire the surveyor BEFORE you bought it? Why? WHY did the neighbor do a survey? Why did it take your wanting to put up a fence to reveal this problem? I realize it LOOKED bigger at some time in the past, but did it LOOKING bigger cause you to DO something, other than to think it's bigger than it is???

A question for the legal minds. IF he thought he was buying 4,000 sq ft, and actually BOUGHT 4,000 sq ft, is he damaged because it LOOKED bigger?

excon

Excon,
We did have a survey before the purchase 5 years ago. Unfortunately the survey was incorrect. Long story short, there was a widening of a main street which was used as the starting marker for the properties on my street. I believe the surveyor did not compensate correctly for the widening (at least this is what I am hearing today) He is coming out tomorrow to redo the survey to see where is errors were.

On another note, even thought the square footage is not extreme, in an area where there is only 10-12 feet in between houses, losing 2-3 feet is significant visually.

Appreciate all the feedback so far by the way!

JudyKayTee · Aug 3, 2009, 12:52 PM

I have never purchased a house without a new survey and every time the SELLER ordered and paid for it and my Attorney reviewed it against the Title Search and Deed - just for clarification.

I would determine the fair market value of the land you are "losing" (thought you had purchased but did not) TODAY and that is the sum I would ask for - using that figure you have room to negotiate.