My question involves real estate located in the State of: TN
When we bought this property, the neighbor (who bought at about the same time) had just had his property surveyed. The surveyor put in three stakes on our common line, and then marked a tree with three orange ribbons at the top of the neighbor's lot.
The neighbor's brother, who does not own property here, but was camping on the neighbor's and, pulled the stakes out and took the orange markers off the tree - one at a time. I saw him do it and confronted him with his. First time, "you don't need three stakes to mark the line." Second time - "You don't need two stakes to mark the line." Third time, I didn't see him do it, but confronted him with it - he said "That's not the line."
This was a couple years ago. Nothing was ever said, neighbor himself was friendly, no biggie. About a year ago, neighbor's wife wants a fence. There is a road that the neighbor put in where we were told "this is your driveway, don't let the neighbor put the road here." Well, we were in FL as we hadn't built or moved here yet. Neighbor put the road in. We told him to move it. He said no. We said to heck with it (this was before the stakes grew legs).
And fast forward, neighbor's wife escalated stuff by saying the property line is 40 feet to the east, which would cut quite a bit off our land. Then her husband said the line was behind our house (which is my east line). So, I got a survey. Surveyor marked the line down the east side of the road, when it should have been on the west side of the road. I disputed the survey, survey company refunded my money. I got another survey and this guy marked the line -- not only on the east side of the road, but his marks (there are several, as there are several bends in the road) were anywhere from a few inches to over 15 feet away from the other surveyor's marks!!
Neighbors talked to both surveyors without me there. Tried to get the second survey without neighbors knowing, but they called around until they found out who I was using. I had asked the second survey company to wait until I got home. He arranged with neighbor to get there an hour before I got home.
Now, both surveys were done with GPS. Both surveyors say that there is nothing more accurate (well, I would guess that's wrong). AND, neither survey matches with the plat map. The plat map is based on magnetic north. For example, one of the lines is S 7 degrees, some minutes, some seconds W. They have the line at S 2 degrees some minutes some seconds W, thus bringing it down the wrong side of the road.
Furthermore, my eastern neighbor's property is marked on trees with hatch marks and paint. Those marks have been there forever. So, when they subdivided this huge piece of property to make our lots, they would have had to go by those marks and the bearings on that neighbor's deed. however, they clearly do not match. That part of the property is only 25 feet wide, adnd where they put the line gives me just a few feet - this is my right of way.
I pointed that out to the surveyor and he said, the marks don't mean anything, the only thing that means anything is the GPS. He said the marks could be anywhere. Even though there is evidence of an old fence along those marks. Yes, he did find the pin at the top of that line - but again, he went S2W instead of S7W.
Neither surveyor went to the marks on my east line at the lower part of the line (where the property makes an L). They should have pulled from the marks on the right side of the horizontal part of the L, since those marks are original set stones. (I found one prior to both surveys, and am in the process of locating another. I am also trying t locate the east marker that is down in the woods for the last part of that east line. The surveyor said he couldn't find that marker - I think it's because he is so far off course that it's not funny.
Anyway, what do I do next? I don't really want to sue the surveyors since I can't prove that they listened to the neighbor instead of doing their job properly - and it's too hard to prove since the marks are missing.
Also, the first surveyor's dad did the original plat map.
And, can someone clarify - if I have a map based on magnetic north, are the bearings going to be the same on the compass? In other words, do I have to add declination? I don't think so, because without declination (4 degrees 53 minutes west - west is best, east is least) it puts the line way too far to the west. Without adding declination, but going by the bearings as written on the plat map, the line comes out right were the posts/ribbons were that were removed.
So, two questions - reading the plat map and what do I do about this, now that two surveys taken within a couple months of each other are totally different and don't seem to match the plat map.
Thanks.
When we bought this property, the neighbor (who bought at about the same time) had just had his property surveyed. The surveyor put in three stakes on our common line, and then marked a tree with three orange ribbons at the top of the neighbor's lot.
The neighbor's brother, who does not own property here, but was camping on the neighbor's and, pulled the stakes out and took the orange markers off the tree - one at a time. I saw him do it and confronted him with his. First time, "you don't need three stakes to mark the line." Second time - "You don't need two stakes to mark the line." Third time, I didn't see him do it, but confronted him with it - he said "That's not the line."
This was a couple years ago. Nothing was ever said, neighbor himself was friendly, no biggie. About a year ago, neighbor's wife wants a fence. There is a road that the neighbor put in where we were told "this is your driveway, don't let the neighbor put the road here." Well, we were in FL as we hadn't built or moved here yet. Neighbor put the road in. We told him to move it. He said no. We said to heck with it (this was before the stakes grew legs).
And fast forward, neighbor's wife escalated stuff by saying the property line is 40 feet to the east, which would cut quite a bit off our land. Then her husband said the line was behind our house (which is my east line). So, I got a survey. Surveyor marked the line down the east side of the road, when it should have been on the west side of the road. I disputed the survey, survey company refunded my money. I got another survey and this guy marked the line -- not only on the east side of the road, but his marks (there are several, as there are several bends in the road) were anywhere from a few inches to over 15 feet away from the other surveyor's marks!!
Neighbors talked to both surveyors without me there. Tried to get the second survey without neighbors knowing, but they called around until they found out who I was using. I had asked the second survey company to wait until I got home. He arranged with neighbor to get there an hour before I got home.
Now, both surveys were done with GPS. Both surveyors say that there is nothing more accurate (well, I would guess that's wrong). AND, neither survey matches with the plat map. The plat map is based on magnetic north. For example, one of the lines is S 7 degrees, some minutes, some seconds W. They have the line at S 2 degrees some minutes some seconds W, thus bringing it down the wrong side of the road.
Furthermore, my eastern neighbor's property is marked on trees with hatch marks and paint. Those marks have been there forever. So, when they subdivided this huge piece of property to make our lots, they would have had to go by those marks and the bearings on that neighbor's deed. however, they clearly do not match. That part of the property is only 25 feet wide, adnd where they put the line gives me just a few feet - this is my right of way.
I pointed that out to the surveyor and he said, the marks don't mean anything, the only thing that means anything is the GPS. He said the marks could be anywhere. Even though there is evidence of an old fence along those marks. Yes, he did find the pin at the top of that line - but again, he went S2W instead of S7W.
Neither surveyor went to the marks on my east line at the lower part of the line (where the property makes an L). They should have pulled from the marks on the right side of the horizontal part of the L, since those marks are original set stones. (I found one prior to both surveys, and am in the process of locating another. I am also trying t locate the east marker that is down in the woods for the last part of that east line. The surveyor said he couldn't find that marker - I think it's because he is so far off course that it's not funny.
Anyway, what do I do next? I don't really want to sue the surveyors since I can't prove that they listened to the neighbor instead of doing their job properly - and it's too hard to prove since the marks are missing.
Also, the first surveyor's dad did the original plat map.
And, can someone clarify - if I have a map based on magnetic north, are the bearings going to be the same on the compass? In other words, do I have to add declination? I don't think so, because without declination (4 degrees 53 minutes west - west is best, east is least) it puts the line way too far to the west. Without adding declination, but going by the bearings as written on the plat map, the line comes out right were the posts/ribbons were that were removed.
So, two questions - reading the plat map and what do I do about this, now that two surveys taken within a couple months of each other are totally different and don't seem to match the plat map.
Thanks.
Surveys: Surveys Don't Match Each Other and Neither Match the Plat Map
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