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    khennessey's Avatar
    khennessey Posts: 1, Reputation: 1
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    #1

    Sep 20, 2012, 09:22 AM
    Power of a executor
    If a person has a survey to some land and there is a dispute about the land. Can a executor override the survey and let someone else go and survey over the same piece of land. If the land is to be divided 5 ways. Can an executor sign off on any land without the approval of the and agreement of the other 4 people just to keep one person happy.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 20, 2012, 09:32 AM
    Quote Originally Posted by khennessey View Post
    if a person has a survey to some land and there is a dispute about the land. Can a executor override the survey and let someone else go and survey over the same piece of land. if the land is to be divided 5 ways. Can an executor sign off on any land without the approval of the and agreement of the other 4 people just to keep one person happy.
    If all five are not in agreement that the proposed subdivision creates portions of equal value, no. The proposal would have to be approved by the probabe court (If the executor is intent on just doing it without court approval, you should see an attorney about bring the matter to the court's attention.) and may very well also require the approval of the local government which as authority over subdivision of land.

    The better solution would normally be to sell the land as one piece and divide the proceeds. Is there any reason this isn't being done?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Sep 20, 2012, 09:36 AM
    I have known people who had their borders surveyed, as did the neighbors, and got two different results from reputable licensed surveyors. In their case the judge made them split the difference in the boundaries.
    If you would care to explain this situation in more detail we might be able to advise more thoroughly.

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