Wrong Survey Mess

[Kraig Councell]

4 months ago I purchased a MH home on a foundation sits on a little over half an acre well there is also a MH home that sits to the back of the property in all about a acre and a half, the back house came up for sale and the new prospective buyers was talking to me and by chance told me that from there surveying that part of my house sits on there property I about lost it they showed me there survey and it looked nothing like mine at that point I called my realtor who also is the prospective buyers agent she said she would work the hole thing out and for me not to worry, a week later I had not heard anything and decided to call the Title agency that handled the closing and everything she told me that she would look into the matter well she obtained a copy of what the prospective buyer called me and was questioning the validity of what the other people showed me, yesterday she called me at work and asked me what would it take to settle the entire mess because the survey company errored twice in there work and was not being cooperative she said they admitted they made a mistake the correct survey showes the property line running 3 feet diagonally accross one corner in my house
I told them that it was totally uncalled for and that I would not settle for a easement or encroaching so they offered to give me 0.07 acres to cover the house adjusting the proprty line that would give me 3 feet off of one end of my house I did not buy a house that I thought only had 3 feet to one side!!!!! I just feel so sick about the whole thing what can I do???? I just cant agree to this. Anyones help would be great I am thinking of contacting a attourney this morning the title agency wanted a answer last night since the prospective buyers are to close today. WHAT A MESS!!!

[David Oxhandler]

Get a good lawyer... if the surveyor made a mistake he is responsible and probably has insurance that will cover getting your home site problems corrected... The title company also may have some responsibility if they issued title insurance based on a faulty survey. Don't let any of those involved rush you into a decision. If what you claim is true those responsible may have to pay your legal expenses as well. Get a good lawyer.

[rmurray]

David is very right...get an attorney skilled in local real estate laws for advice..Do not let the realestate pressure you into settling this situation without a clear understanding of your rights...Both the title company and surveyor will have insurance to compensate you and the folks you bought the land from.....

You local county regulations will come into play as well.....There will be a minimum size lot that will have to be met..there are building regulations about set back requirements.....Since your home already exists they will NOT make you move it...but I would want enough land to satisfy that the set back requirements just in case yours somehow was destroyed..you would want to replace it in the exact spot....Most governments require 10 TO 20 FOOT SIDE SET BACK..Your attorney will know exactly how much..I would guess he will suggest you counter offer to get enough land to be sure you are not in non-compliance with the county laws.....

Sounds like you have done all correctly...You have done nothing wrong you depended on EXPERT Advice and were let down...Look out for yourself now...

[Kraig Councell]

First Let me start by thanking both of the posts on this. I refused to give a acceptance to the title agency Friday, they called me 3 times in a 2 hour period I told them that I was in the proocess of getting a attourney and at that point the lady at the title agency apologized and called off the closing on the other property after telling me 1 hour prior that it would close regardless of my decision!! these people are absolute XXXXX well I wont post what I really want to say, she also said that she was going to contact there underwriter. I did see the attourney in regards to this Friday but when I went in he could not advise me due to conflict of interest since he did not realize the property split that was brought into his office Friday morning by the village zoneing person that I was the one party envolved!!! yes just my luck at this point!!! he did tell me that there has to be a minimum of 10 feet from the property line to a dwelling since my house sits in a R1 section and refered me to another attourney. Now this is where it get even more interesting looking at the servey last night with me and the future homebuyer we noticed my property line to the back of my house comes within 9 feet of one corner of the front of that house!!!! so basicly they have no front yard and they are not happy with that at all they offered to give me the strip 40 foot wide by 120 of land to one side of my house that all this mess is over if I give them more frontage to there property basicly a 40 foot by 160 span section of what is a useless triangle I would gain even after I gave them the section about 0.15 of a acre. Now I got word this evening that the realesate agent along with the title agency lady are coming in the morning a Sunday morning at that I just wonder what they are going to try and pull or cover ther butt up.???? You know how correct the post is how you put your trust in a company and when it comes down to it be prepared you just cant trust ANYONE!!!!! look out for yourself!

[rmurray]

Hold your ground.....Most counties have a larger rear and front set backs than the sides....Follow up with the other attorney...the first one sounds like an class action chaser...Wants a large group of fees all in 1 case...many fees for the work of 1 case...Not bad if you can get it...Find an attorney specializing in real estate primarily...Sounds like a fresh survey will be needed before you actually move much further...Now you and the neighbor are looking at a faulty one maybe that side is in error as well....

[Kraig Councell]

Update on the mess. The title agence proposed to the village realigning the property lines they would not agree on the 3 foot that is excelent for me. The new proposal that I had to agree on was giving me the entire property to the right of the house that this is all over and also there can be no change to where my property boundery meets the back house basicly they have 12 feet of frontage to there house nothing can be done about that, now we have a shared driveway they proposed that belonging to the back house basicly flipping the sides I will have 12 feet to that side and then the driveway starts, I looked at the as being ok to do since I did own it I do have to share it and yes that has been documented so I think it is a good Idea since now I know that knowone can put a drive right next to the other side of the house I will thank god when this is all over.

[rmurray]

Good for you...sounds like this is going to work out for you...I hope you have some kind of maintenance agreement on the shared drive....That can get sticky with some folks...Just remember those there now will not be there forever....Next guy might have a 16 wheeler truck...Glad you did not give in early....As I said before..you did all the right way...This problem is none of your making....

Hope all is well soon so you can go about enjoying your new home...Spring is here now...time to think about the yard...Clean the grill and get ready for the summer...Enjoy...

[Kraig Councell]

Thanks everyone, I think this shall work out great for me and I can move on. Kraig