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Tape Measure Surveyor
Are previous land surveys filed for future reference?
Hi, I'm having a fence dispute with a neighbor and I believe there was a survey just before the previous owner of my house put the fence up (about 10-15 years ago, i've lived in the house for 3 years). Do county's keep previous surveyor records for reference?
I saw post holes this evening and told them not to put the fence in the direct line of my fence out to the street. Of course they proceeded this evening and filled the holes with concrete. I measured in-between my fence and i have 60 feet of frontage and in between the fence comes up to 58ft 11inches with my 100ft tape measure taught. I hope that the previous was done correctly. I'll keep you all posted but I can't wait to set up my lawn chair and a cooler to watch them move their cemented posts at least 6 inches once this is all settled.
Thanks in advance
The answer to your question is a clear cut yes and no.
The answer lies in the REASON for the survey and the requirements at law that it triggers. Each state has different requirements to some extent so I will try to deal with generalities.
If the previous survey was done for a specific person for his own reason (for example: Do I own that tree over there?) then the survey was done, the report was made to the person, and prob. no filing was made. It is a private survey.
But, if property boundary lines were established, or a discrepancy in the deed vs. the actual land was found, or an error in the original documents was determined and, as a result an actual property corner was placed, most states require that a document be filed. It may be filed with the County Recorder, the City agency, or the County surveyor, depending upon the legal requirements.
Likewise, if a survey is done for construction permit application, that survey may be filed with the City/County in the building permit section, but, if a construction survey line was established, there may be no record of it at all.
Back to you in your lawn chair... to play devil's advocate for you:
a) How do you know the OTHER fence is right.
b) Did you measure a FLAT distance? Boundary lines are always measured in a flat line.
c) Is your deed accurate. There are may instances where a 300 foot block only measures 299 feet, so, regardless of what the deed says, SOMEONE on that block is going to get shorted.
Your better solution is to simply call the police and inform them that someone has tresspassed on your property and drilled holes and filled them with concrete. They will, obviously, talk to the neighbor and you may suggest that it has been done without a permit (if one is required in your locale). You can also call your local building inspector to further hurry things to a conclusion.
That conclusion, if you keep pushing, will be a survey done, or an old survey pulled out of a drawer, to prove who is right.
Bottom line, he is going to put of up fence.. you are better off having your side of it being on your property otherwise he can paint it some really gross eyesore colors that you will have to look at for a long time.
Site Survey iPhone App - measure tree