Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?
My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in this location for more than 25 years. If the new pin is correct what are my options.
A: Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements. If your carport encroaches onto the neighbor's parcel, your neighbor might agree to an easement or an adjustment of the boundary. Use the Find a Lawyer tab to consult a real estate attorney who can review the situation and advise your options.
A: It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the monuments are reputable and reliable.
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