My question involves real estate located in the State of: Massachusetts
Ever since our neighbor, who lives right, found that our old backyard fence is not on the borderline between our property and hers, she had been trying to plot down unwanted plants on our property and verbally attacking us using bad language. Moreover, she was planning to extend her driveway, possibly into our property, and we are worried that after she extends the driveway, we can't even remove some unwanted trees on our property. Therefore, we quickly set up a fence after she hired a land surveyor to do a survey for her. The new fence was installed within our lot, 0.5' from the neighbor's survey mark.However, after we built the fence, she has attempted to push down the fence, leading us to call the police, who took notes on the situation but told us that that we need to go civil court to get the judgement.The fence is still wobbling because of the big holes after moving out base cements.We need that to be fixed.So we want to order a survey for our own lot.
Because of time issues,another neighbor across the street recommended a land surveyor who did their project one year before. We contacted this surveyor and got the contract form which said that the project will start in 4-5 weeks after contract signed and deposit paid.We did as requested and informed him. Three days later we inquired to make sure he received our mail. He replied as "yes, it arrived yesterday.i'll let you know when i have a time scheduled for your project" So we had been waiting for the specific schedule so that we could arrange an adult at home when they were doing the job, until one late afternoon we found all the surveying marks already set without any notice to us. We found that the marks set at the disputing site showing our new fence is outside border by 0.5 foot, this means there is one feet discrepancy toward our lot between our surveyor and neighbor's surveyor. On the left side our surveyor set the marks beyond an old fence (which was supposed outside our borderline 0.5 foot) by over 2 feet.
Then in the next couple of days, we e-mailed the surveyor
"Today we found that some wooden rods were staked during 2~3 hours my wife leaving from our home.Are these your final results you just got within 2~3 hours (actually less than 2 hours from our home security video), without looking for standard marks?Is this done by only yourself in person?" No response.
"Why not you inform us first for your schedule as you promised? Now we can only guess that you hardly did the actual measurement other than artificially moving our lot toward #(other than disputing) side!Actually if you used #(disputing side)'s marks as reference, those rods had been moved a couple of inches toward our side by the driveway paving workers of #(disputing side)'s. We strongly suspect the accuracy of those rods."No response.
Four days after we found those new marks, the surveyor sent us a stamped plan by e-mail with only"i determined the location of your lot lines based on an analysis of the location found survey control markers. this analysis showed that the corner at the right rear of your property is out of place by 0.86' we staked the lot lines accordingly."
Then we asked "Do you always allow such inconsistency?My plot is in a irregular shape, a small discrepancy at one point will cause much more difference at other side.This is not acceptable!Even according to your current data, the discrepancy caused 0.86x117.38=100.95 square feet difference at left side.How do you decide which one existing marker is correct,which one is not?Just does your license allow you to arbitrarily judge?The document #(X) from Middlesex Registry of Deed,Cambridge,Massachusetts shows that every lots are sealed without any space between.How would you deal with the 0.86'? "No response.
"When did you come to do the measurement?On which day(s)?How long did it take for you to do the field work?How many of your people came?Do you use any equipment at all?According to your logic,"this does not alter the size of your lot." , you could have moved my lot to Boston or anywhere else as long as the size the same, in such ridiculous case, should we accept it?" No response.
"Today our neighbor at #(disputing side) asked us to remove our new fence. According to your new rod, our fence is in her lot!In the plan you just produced, we found that you indicated "FOUND REBAR" at the northeast corner,R=40.00' and A=17.00', is actually underneath accumulated snow, which had been there before Dec 14. There has been no significant snow fallen after Dec 14. How could you find that "FOUND REBAR" and use it as reference without removing the thick snow there?" No response.
Three more days later, we got his e-mail only said "it is my professional opinion that the stakes show the correct location of your deeded property lines." without any explanation.
We carefully checked our home security video and found that 2 persons came and randomly set up their tripod in front of our yard near disputing side,moved only once toward rear end of our lot but still in the same side. They never moved it to our left side before leaving.
I'd like to ask every expert here:
Can the equipment on the tripod get reading round a building?down slope? behind fence?
Does all land surveyor refuse to answer questions to customer?
Any comments and suggestions will be greatly appreciated.
Ever since our neighbor, who lives right, found that our old backyard fence is not on the borderline between our property and hers, she had been trying to plot down unwanted plants on our property and verbally attacking us using bad language. Moreover, she was planning to extend her driveway, possibly into our property, and we are worried that after she extends the driveway, we can't even remove some unwanted trees on our property. Therefore, we quickly set up a fence after she hired a land surveyor to do a survey for her. The new fence was installed within our lot, 0.5' from the neighbor's survey mark.However, after we built the fence, she has attempted to push down the fence, leading us to call the police, who took notes on the situation but told us that that we need to go civil court to get the judgement.The fence is still wobbling because of the big holes after moving out base cements.We need that to be fixed.So we want to order a survey for our own lot.
Because of time issues,another neighbor across the street recommended a land surveyor who did their project one year before. We contacted this surveyor and got the contract form which said that the project will start in 4-5 weeks after contract signed and deposit paid.We did as requested and informed him. Three days later we inquired to make sure he received our mail. He replied as "yes, it arrived yesterday.i'll let you know when i have a time scheduled for your project" So we had been waiting for the specific schedule so that we could arrange an adult at home when they were doing the job, until one late afternoon we found all the surveying marks already set without any notice to us. We found that the marks set at the disputing site showing our new fence is outside border by 0.5 foot, this means there is one feet discrepancy toward our lot between our surveyor and neighbor's surveyor. On the left side our surveyor set the marks beyond an old fence (which was supposed outside our borderline 0.5 foot) by over 2 feet.
Then in the next couple of days, we e-mailed the surveyor
"Today we found that some wooden rods were staked during 2~3 hours my wife leaving from our home.Are these your final results you just got within 2~3 hours (actually less than 2 hours from our home security video), without looking for standard marks?Is this done by only yourself in person?" No response.
"Why not you inform us first for your schedule as you promised? Now we can only guess that you hardly did the actual measurement other than artificially moving our lot toward #(other than disputing) side!Actually if you used #(disputing side)'s marks as reference, those rods had been moved a couple of inches toward our side by the driveway paving workers of #(disputing side)'s. We strongly suspect the accuracy of those rods."No response.
Four days after we found those new marks, the surveyor sent us a stamped plan by e-mail with only"i determined the location of your lot lines based on an analysis of the location found survey control markers. this analysis showed that the corner at the right rear of your property is out of place by 0.86' we staked the lot lines accordingly."
Then we asked "Do you always allow such inconsistency?My plot is in a irregular shape, a small discrepancy at one point will cause much more difference at other side.This is not acceptable!Even according to your current data, the discrepancy caused 0.86x117.38=100.95 square feet difference at left side.How do you decide which one existing marker is correct,which one is not?Just does your license allow you to arbitrarily judge?The document #(X) from Middlesex Registry of Deed,Cambridge,Massachusetts shows that every lots are sealed without any space between.How would you deal with the 0.86'? "No response.
"When did you come to do the measurement?On which day(s)?How long did it take for you to do the field work?How many of your people came?Do you use any equipment at all?According to your logic,"this does not alter the size of your lot." , you could have moved my lot to Boston or anywhere else as long as the size the same, in such ridiculous case, should we accept it?" No response.
"Today our neighbor at #(disputing side) asked us to remove our new fence. According to your new rod, our fence is in her lot!In the plan you just produced, we found that you indicated "FOUND REBAR" at the northeast corner,R=40.00' and A=17.00', is actually underneath accumulated snow, which had been there before Dec 14. There has been no significant snow fallen after Dec 14. How could you find that "FOUND REBAR" and use it as reference without removing the thick snow there?" No response.
Three more days later, we got his e-mail only said "it is my professional opinion that the stakes show the correct location of your deeded property lines." without any explanation.
We carefully checked our home security video and found that 2 persons came and randomly set up their tripod in front of our yard near disputing side,moved only once toward rear end of our lot but still in the same side. They never moved it to our left side before leaving.
I'd like to ask every expert here:
Can the equipment on the tripod get reading round a building?down slope? behind fence?
Does all land surveyor refuse to answer questions to customer?
Any comments and suggestions will be greatly appreciated.
Should I File a Complaint Against This Land Surveyor for Negligence
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