As an attorney who lives in the country I get a lot of these boundary dispute questions and the laws vary from state to state so my best professional legal advice is for you to consult a LOCAL attorney who practices in real estate law BEFORE you spend too much on expensive surveys and monuments. The dollars spent there versus relying on lay opinions may save you a ton on other surveys down the line. That being said I can tell you a few things in general but DO NOT TAKE THIS as professional legal advice as I would have to research your states laws and ascertain the facts before rendering any meaningful opinion and yet, it would still be an OPINION ONLY as its the Courts who render decisions NOT you or surveyors or lawyers or lay persons………
What many people don’t understand is that a qualified licensed surveyor can render a professional expert OPINION of a boundary location as based on evidence and monuments and deeds and history etc. but HE NOR MYSELF OR ANY ATTORNEY OR LAY PERSON legally sets a boundary (in cases of dispute), that’s a function of well settled law and the Courts to decide. What I’m saying is, even if you hired the best surveyor in the County to set corners THAT DONT NECESSARILY MEAN THAT’S THE “LEGAL” BOUNDARY. That’s why I advise you to consult local counsel to spend few bucks up front (BEFORE survey expenses) which may save you money in the long run. Also as noted below, a good surveyor knows this law better then most attorneys unless they specialize in boundary disputes, so at least talk to the surveyor about any statutory provisions concerning a “legal survey” (and adverse possession issues) prior to just hiring him to set some corners based on your deeds etc…
NOW, in some states there is a way that a licensed surveyor CAN BE USED TO INDEED SET A TRUE LEGAL BOUNDARY. There can be statutory provisions whereby notice is provided to the neighbor a survey is to be conducted and he has x days to respond and/or hire his own surveyor and if all the Law and procedures are followed what the one surveyor (or the 2 if different the Court decides) determines can then as a matter of law ripen into the true and legal boundary…….
Soooooooo before you go to all the expense of a surveyor and setting those huge iron indestructible monuments you may want to at least inquire what the legal system and a local attorney says so all the survey expense isn’t wasted and doesn’t have to be duplicated. Just because you hire a surveyor to set corners DOES NOTTTTTTT NECESSARILY (although could become) MEAN THOSE ARE WHERE A COURT OR THE LAW SAYS THEY ARE
HOWEVER if there is a law regarding a “Legal Survey Process” if its followed then what that surveyor determines (or if another surveyor differs the Court decides) MAY WELL BE THE TRUE LEGAL BOUNDARY and you don’t have to have it surveyed again, i.e. do it right and legal the FIRST TIME may save you some bucks plus settle the matter once and for all.
Thennnnnn theres all that legal “stuff” concerning the doctrine of ADVERSE POSESSION which could help or harm you, again another reason to consult an attorney or good surveyor BEFORE JUMING UP N SPENDING BIG SURVEY BUCKS to simply come out and set some corners based on a deed i.e. be sure to ask the surveyor or an attorney about adverse possession!!
DISCLAIMER,,,,, hey don’t shoot me I’m only the messenger and trying my best to help,,,,,,,,Its impossible to explain here in a few sentences what take surveyors and attorneys years of study to understand,,,,,,,,,,,Also a good surveyor knows this law better then most attorneys so perhaps he can advise you of the process if your state has a “legal survey” statute and you can do it right the first time and not even need an attorney and what he does may become the true legal boundary,,,,,,,,,,,,Then once you have a true legal boundary established regardless if by statute (legal survey) or what a Court determines, then set and preserve and document and protect those monuments, records and evidence.
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