Q: Is an unrecorded survey valid for a new owner when the purchase agreement used the original deed and description?
The new survey was completed in 2015 and changed the lines significantly. Both parties signed the new survey. This new survey was not recorded by either party (the smaller property is surrounded by another very large property on 3 sides, with a road as the 4th side). Neither party changed their deeds. I bought the smaller property in 12/2019 using the old deed and property lines (basically a rectangle) because the previous owner did not divulge the new survey and there is no record of it anywhere. Last week, 11/2020, the larger property owner demanded I move my shed off of "his property" and gave me a copy of the new survey. Naturally, the title search did not find this new survey and my deed is based on the original lines. The new survey makes a mess of the property lines on all sides, for the larger property owner's convenience. Can I retain the property as I purchased it?
A:
I assume the subject property is in Virginia, if so, then several issues are not clear. The two deeds were not changed. Not sure which deeds you are referring to. The person who sold it to you and the neighbor, I presume. Also, it appears you are saying the deed(s) describe line boundaries. Or the seller deed and yours.
At any rate, encroachments are not necessarily revealed in title search unless a survey is done. I assume you did not get owner's title insurance because you would have seen a request to conduct a survey or waive coverage. But, I hope you had the seller sign an affidavit regarding encroachment and other title related matters unless this was a cash "as-is" deal.
I recommend you seek a lawyer to review all the documents then give you an advice.
This is not a legal advice and no attorney-client relationship is established.
Ross Cameron Hart agrees with this answer
A: I agree with Mr. Seddiq's response. There's a lot of important, basic, information missing from your question. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and meet with an experienced attorney in your area – there is a ‘search’ feature that can help you.
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