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You can contact the seller and ask for the fence or violating structure to be moved. Sometimes this is an easy fix and other times it can be very complicated. The seller may also need to contact neighbors to make the adjustment. If the issue is an utility easement, you can apply for a variance.
Do surveyors make mistakes?
Land surveyors are licensed professionals with advanced training. However, that doesn’t mean they don’t make mistakes once in a while. Land surveying is a highly technical process that involves knowledge of mathematics, technology, and specialized equipment. Of course, you can’t rule out the margin for human error.
What if a surveyor gets it wrong?
If your surveyor has made a mistake then we would recommend that you seek immediate legal advice from a specialist solicitor. The solicitor will need to consider whether the mistake is likely to amount to ‘negligence’ in the strict legal sense of the word and what financial loss can be recovered.
Can you contest a surveyor’s report?
Taking legal action against your surveyor should be the last resort for you. Not only in this process time consuming, but it can also prove quite costly. You will have 6 years to take legal action against your surveyor (3 years from the point when the surveyor’s negligence was first discovered).
What happens when two land surveyors disagree?
If there are conflicts between the interpretation of the boundary by your surveyor and the interpretation by your neighbor of the boundary, the surveyor must attempt and advise on correct solutions to determine the reason for the discrepancy.
Can I sue a surveyor?
A surveyor who is instructed by you, owes you a duty of care to carry out the survey to the correct professional standard. If they fail to do so, it is possible that you may be able to bring a claim for negligence against them.
Can you sue a surveyor for negligence?
To succeed in any surveyors negligence claim you will need to prove three things: that the surveyor owed you a duty of care; that the surveyor breached that duty of care; and. you have suffered financial loss.
How do you resolve conflicting surveys?
Legal Action: If you and your neighbor simply can’t agree on where a given boundary should be, you may want to take legal action to resolve the issue. If this is what you decide to do, you can often try mediation or you can let a court determine where the disputed boundary is.
What can I do if a surveyor devalues house?
If a lender’s mortgage valuation has undervalued a house you want to buy there are, generally, the following options available to you: Renegotiate with the seller. Appeal against the valuation. Use a different lender. Make an enquiry with a whole-of-market broker.
Should I worry about my house survey?
It’s a natural feeling to be nervous about house surveys, as you want every step of the house buying/selling process to run smoothly. But it’s important to remember there’s no point worrying about something until you know it should be worried about.
Can you find out if a survey has been done on property?
Contact your loan officer to find out if he has access the property’s survey. The mortgage lender might have a copy of the property survey, because it also holds the title.
Can I buy a house without a survey?
Buying a house without a survey When you purchase any property without having a survey, irrespective of its age, you take a risk. You hope that you will not be one of the unfortunate few who move in and then encounter a significant defect, even on a modern property.
What is the 7 year boundary rule?
Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner’s permission for a certain amount of time.
How do you legally change property lines?
How to Amend Property Lines Talk to your neighbor to see if she will allow you to purchase enough additional property to move the boundary line to the desired location. Enter into a boundary line agreement. File a court action to establish the property boundaries.
How accurate is a surveyors GPS?
Generally speaking, an accuracy of about 100 feet is common for these units (sometimes better, sometimes worse). Survey Grade GPS Receivers also offer users a range of position accuracy. At the lower end, is the GPS receiver that can collect data to within accuracy levels of 1 meter (3 feet).
How do you Boundary a survey?
What Is the Process of a Boundary Survey? The surveyor visits the land. A surveyor will visit your parcel of land for fieldwork, which is when they will physically stake and measure your property’s boundaries and corners. The surveyor researches the land. The surveyor writes a report.
What is surveyor liable for?
If the surveyor isn’t able to do a physical inspection then they must state this – and can also recommend further investigations. If there are clear flaws in the reporting – for example, serious issues have been missed, then there’s a good chance the surveyor will be liable for their mistake and for your losses.
How long are surveyors liable for?
Therefore, where there are grounds for pursuing a claim for surveyor negligence, a claimant will generally have 6 years from the date of wrongdoing or loss, but may have 3 years from the date of discovery, if later, in which to bring any claim, subject to a long stop of 15 years.
