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.
I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).