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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6890
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Under what circumstances should a land surveyor ignore an

Customer Question

Under what circumstances should a land surveyor ignore an existing monument?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome to JA and thank you for your question.

There are two reasons, one is that the existing monument not does match the legal description of the property being surveyed or that the surveyor has made a mistake.

When was the last time the property was surveyed?

Customer: replied 1 year ago.
Last survey (where the new monument was placed) was in 2014.
Expert:  Attyadvisor replied 1 year ago.

Considering this was very recent there should not be a discrepancy. Where you usually see this when monuments have moved over time.

Expert:  Attyadvisor replied 1 year ago.

What was the reason for obtaining a new survey?

Each parcel of real estate has it's own legal description setting out the boundaries. This is an exact science in the fact that the boundary lines do not change unless land is added or subtracted from an existing parcel. For example you purchase a few feet of neighboring property which is deed to you. The differences can occur based on surveyor error or monuments being moved.

There is a law in Colorado that makes it a crime to move a boundary monument 18-4-508. Defacing, destroying, or removing landmarks, monuments, or accessories

All land Surveyors are required to be licensed in the State of Colorado. I would check to make that the 2014 and the newest surveyor were performed by licensed surveyor.

This is a link to check license status

If this is your land that was surveyed you have every right to request an explanation with regard to the survey being in conflict with the monuments.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 1 year ago.
Do you have any additional questions for me?
Expert:  Attyadvisor replied 1 year ago.

Where you able to check with the surveyor and the county? Dave the attorneys on this site answer your question in good faith. Your positive rating is the only way we receive credit for our work. If you have additional questions or I have failed to answer your question kindly let me know.