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    Wentworth123's Avatar
    Wentworth123 Posts: 9, Reputation: 1
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    #21

    Apr 15, 2013, 11:38 AM
    My quitclaim deed describes the property by identifying the survey that was done and recorded in 1946 with all the angles and lengths on that survey.

    I talked to my real estate attorney an hour ago. He said wait a few days while the two surveyors talk and identify who went wrong or if there is a real discrepancy. Then decide what to do next.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #22

    Apr 15, 2013, 12:36 PM
    One other thing to consider: get in touch with your title insurance company and tell them that the neighbor is encroaching on your property. Part of the service they provide is going after people who encroach.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #23

    Apr 15, 2013, 12:48 PM
    Quote Originally Posted by Wentworth123 View Post
    I talked to my real estate attorney an hour ago. he said wait a few days while the two surveyors talk and identify who went wrong or if there is a real discrepancy. then decide what to do next.
    I thought the two surveyors weren't talking? If you know for a fact that they are, then wait. But if your surveyor has tried to talk to the other and been rebuffed, don't wait on sending the letter I suggested.

    Bottom line is you want the neighbor to sue you. You have advantages as the defendant in this case.
    Wentworth123's Avatar
    Wentworth123 Posts: 9, Reputation: 1
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    #24

    Apr 15, 2013, 12:52 PM
    I don't know that they're talking. Mine certainly will. I'll find out about the other one. My attorney said he is sure they will talk, even though my neighbor said he wouldn't. Maybe my neighbor doesn't want to get a bill from him for this time.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #25

    Apr 15, 2013, 01:58 PM
    This is a lot more common than you think.
    I also know that there are plenty of people calling themselves surveyors who aren't. They go to the town, get a plot plan for the street, and measure - that's it! They charge a fifth of what a real one charges. I went through this in a city burb with rows of 50 x 100 plots.
    I have friends in Maine who had a border dispute over rocky terrain on the coast. They went to court and the judge ordered the line drawn down the middle.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #26

    Apr 15, 2013, 04:34 PM
    Quote Originally Posted by Wentworth123
    ... His surveyor came up with quite a different result on the border of our two properties. His survey has not been recorded. ...
    If it has not been recorded, and he won't let you see it, it is meaningless as far as you are concerned. I see little need to get excited about anything unless he hires an attorney to make some sort of written demand upon you.

    On the other hand, you should be aware than in some places it is illegal to tamper with survey monuments under some circumstances. So you might want to hold off doing that until you have consulted with you attorney.

    Here is the pertinent statute in Massachusetts:

    "Section 94. Whoever wilfully, intentionally and without right breaks down, injures, removes or destroys a monument erected for the purpose of designating the boundaries of a town or of a tract or lot of land, ... shall be punished by imprisonment for not more than six months or by a fine of not more than two hundred dollars. " General Laws: CHAPTER 266, Section 94
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #27

    Apr 15, 2013, 04:53 PM
    Not sure this would apply to the OP since these new monuments are not recorded. But its wise to be cautious.

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