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Irwin Law
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Category: Real Estate Law
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Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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my home was part of a 25 acre farm. 38 years ago my house lot

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my home was part of a 25 acre farm. 38 years ago my house lot was the first lot to be sold out of the farm. Five months ago the land was surveyed. The survey [pins were different from the original pins placed 38 years ago. What property markers take precedence?

If the surveyors cannot reconcile the difference between the two then a court will have to decide where the official border is. Surveyors will tell you that surveying is not always as exact a science as you might think. The surveyor's notes if they exist and can be found might reveal what the surveyor relied upon in locating landmarks.

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Customer: replied 3 years ago.

The original pins on the street were recognized by the surveyor. He positioned his back pins about ten feet from the original posts of the lot not in my favor. The other land owner is becoming very difficult to deal with over this issue. I am just attempting to figure out if this is worth the cost of court process and aggravation or if the recent survey is the absolute border of the two properties.

The problem is there is no absolute border when surveys disagree. Have you spoken with the last surveyor and asked for an explanation of the pin placement? You should, and he should be able to show you what supports the different placement. Surveyors are usually pretty cooperative in that regard. You either live with the knowledge that a boundary might be uncertain, or you and neighbor spend the time and money to hire experts figure out which is correct, or you mediate, arbitrate or flip a coin. If there's a ten foot discrepancy is there enough reason to care whether it gets straightened out or not? If placement of a fence is the issue, then it might be necessary to straighten it out just for that.

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