My question involves real estate located in the State of: Virginia
A physical survey was done on my property*in 2015 and 2017. Monuments were found in 2015*fronting the road, but none were found in the rear of the lot.**Irons were set in 2015 for rear. In 2018, a developer is building a subdivision*rear of my lot. Their survey marks a difference of 5 feet on one point and 8 feet on another than what was marked in 2015 and 2017, this more recent survey claims to have found irons too at the rear of my lot. They also say that because of this, the lot shifts south 8 feet into the road, ignoring the irons that are at the edge of the road. Our legal description, found in our deed and historic deeds from at least 1946 (lot is from 1891), state our lot begins at the edge of the road, not in the road. There are no road easements found in our title search.*The original surveyor remeasured the lot and now agrees with the other surveyor, because that matches the other surveys. I was under the impression that a survey of my lot is supposed to be based on my deed, and if there is overlap between neighboring surveys*it*then goes to courts to settle.*I am confused that my deed and the surveys are different.*I have been reading that a physical is not in fact a boundary survey, is that true? A title claim has already been started. There is currently a silt fence near where I maintain the property line that has been there for a couple years I'm told., however I have only been at the property for a year and cannot prove if previous landowner maintained that portion of the lot. My left and right neighbors anecdotally agree with my property line and they have maintained their lots (shed) in the rear.
I actually think that the survey from 2015 and 2017 is correct as it matched my deed, even if that surveyor now says he was wrong.
1. In the scenario that the 2015 and 2017 survey is wrong and my lot IS in the middle of the road.
A. Who is a fault? the surveyor or the guy who sold it to me (builder)? The builder sold me the land based on the 2015 survey, so he was wronged as well
B. Since the city has effectively "taken" about 312Sq with a road and utility pole
C. Would I have a adverse passion claim, based on the 80 years of deeds and understanding of my lot being 125 feet from the road?.
2. In the scenario that the 2015 and 2017 survey is correct (plus at least 80 years of deed)
A. What do I do? I'm trying to talk to a lawyer in person.
B. The developer is planning on building a retaining wall at the property line. We have done work up there, planted trees. Can they just rip my trees out? How do I protect my land?
C. I have been given the impression that title insurance will just pay me damages instead of actually paying for a lawyer to fight for my land.
A physical survey was done on my property*in 2015 and 2017. Monuments were found in 2015*fronting the road, but none were found in the rear of the lot.**Irons were set in 2015 for rear. In 2018, a developer is building a subdivision*rear of my lot. Their survey marks a difference of 5 feet on one point and 8 feet on another than what was marked in 2015 and 2017, this more recent survey claims to have found irons too at the rear of my lot. They also say that because of this, the lot shifts south 8 feet into the road, ignoring the irons that are at the edge of the road. Our legal description, found in our deed and historic deeds from at least 1946 (lot is from 1891), state our lot begins at the edge of the road, not in the road. There are no road easements found in our title search.*The original surveyor remeasured the lot and now agrees with the other surveyor, because that matches the other surveys. I was under the impression that a survey of my lot is supposed to be based on my deed, and if there is overlap between neighboring surveys*it*then goes to courts to settle.*I am confused that my deed and the surveys are different.*I have been reading that a physical is not in fact a boundary survey, is that true? A title claim has already been started. There is currently a silt fence near where I maintain the property line that has been there for a couple years I'm told., however I have only been at the property for a year and cannot prove if previous landowner maintained that portion of the lot. My left and right neighbors anecdotally agree with my property line and they have maintained their lots (shed) in the rear.
I actually think that the survey from 2015 and 2017 is correct as it matched my deed, even if that surveyor now says he was wrong.
1. In the scenario that the 2015 and 2017 survey is wrong and my lot IS in the middle of the road.
A. Who is a fault? the surveyor or the guy who sold it to me (builder)? The builder sold me the land based on the 2015 survey, so he was wronged as well
B. Since the city has effectively "taken" about 312Sq with a road and utility pole
C. Would I have a adverse passion claim, based on the 80 years of deeds and understanding of my lot being 125 feet from the road?.
2. In the scenario that the 2015 and 2017 survey is correct (plus at least 80 years of deed)
A. What do I do? I'm trying to talk to a lawyer in person.
B. The developer is planning on building a retaining wall at the property line. We have done work up there, planted trees. Can they just rip my trees out? How do I protect my land?
C. I have been given the impression that title insurance will just pay me damages instead of actually paying for a lawyer to fight for my land.
Deed and Survey Do Not Match
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