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I have a piece of property in North Carolina. I have a

Customer Question
I have a piece...

I have a piece of property in Murphy North Carolina. I have a property line question. The property line along one side has what I believe to be contradictory descriptions on the plat. I am not sure of the proper terminology but there are plot points along the property line for a survey to draw the line. I had a survey done and marked all the plot points that the survey marked. My neighbor hired his own survey. A third company was in the area doing a survey for a 3rd party with no connection to either of us. There were minor differences that really had no bearing on line. The line runs pretty much North/South. All points plotted by all 3 survey companies were on the same line. The only difference was 2"-3" variance but on that same North/South line. They did not vary East or West so as far as the "property line" all 3 agreed. The grey area is caused by a general reference noted on the plat that says "center of branch". I really don't understand the term "branch" which normally is used to describe a stream or creek. It is a drainage ditch that only has flowing water after a significant rain event. There is a small spring but it does not produce enough volume to cause flow. Pretty much a mud maker. NONE of the points listed on the plat and plotted by all 3 survey are in the center of the ditch. Most of the points are completely out of the ditch with the closest being about 18" from the "center of the ditch". So the "general description" and the survey "plot points" do not agree. How and/or who makes the decision on the actual property line?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Murphy North Carolina

Lawyer's Assistant: Has any paperwork been filed?

What type of paperwork are you asking?

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
10/3/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,140
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

This is a common question when neighbors each get their own surveys and the answer is that property surveys can vary a bit depending on the particular surveyor and where they actually pin their boundary points for reference. They have gotten a lot more accurate with GPS systems, but they can still vary a few inches to a few feet in determining the boundary depending on where they start out on the right or left of the adjoining properties.

.

It is not uncommon for 3 different surveys to have 3 slightly different results and the only to fix a concrete location would be for one owner to file a quiet title lawsuit against another and have a judge finally issue an order stating "This is the permanent boundary for the rest of time" and fixing one specific boundary by GPS location pins.

.

As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 15 years and see this come up every now and then...

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Hello again,

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I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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