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lot line dispute

Submitted by MA-41 on Tue, 11/08/2011 - 16:23
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My neighbor and I are disputing our shared lot line. We know our survey is correct yet he feels his is correct as well. Is that possible? and if so, and our property lines do overlap, how does landcourt usually decide?

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Quiet Title action in property line dispute

Submitted by The Editor on Wed, 11/09/2011 - 09:29.

In a quiet title action, the court acts like any other MA court:  It will consider any and all admissible evidence regarding the property line.  But, honestly, I have never litigated a quiet title action and have no idea how a court would settle your particular dispute.  Assuming we are not talking about huge amounts of land here, I would not be surprised if the court attempted to split the baby and establish the new property line somewhere between the two surveys.  Speaking of which:  How long ago were these surveys conducted?  Have you and your neighbor asked the two surveyors to put their heads together and try to figure out where the discrepancy comes from?  That would be my first step.  Much cheaper than litigation.  Good luck.

Not a lawyer, but a surveyor

Submitted by c3p0188 on Fri, 11/11/2011 - 10:47.

I have been tasked on a few times to come out in situations like this and check the work and offer comment as to the accuracy of the 2 bounds. That being said, it was expensive to have the 3rd opinion, and over what amounted to a minuscule strip that neither party was better or worse off by having. You could be better served by having the two surveyors chat, and check their work. Chances are it could be resolved at that step.
From my experience, they've already talked at this point, probably back when one of them first started the work. It's typical to check with the surveyors who did the abutting jobs, to see about control points. Nobody will be offended if you ask for clarification.
This isn't the first boundary dispute they've ever seen, and it won't be the last

Boundary dispute

Submitted by The Editor on Fri, 11/11/2011 - 11:45.

Thank you very much for that response.  It is always interesting to get information from someone who has "been there before."

Question eregarding surveying.

Submitted by Molly4 on Sun, 04/22/2012 - 17:59.

Hi My neighbor had his property line surveyed twice in two yrs. I'm not sure why since I do not talk with him. The person that came out to do both surveys did not have an identifying vehicle. I realize this means nothing since this individual could very well be qualified. When I moved in my neighbor was chipping away at a bolder that stood on the "property line." He wanted to put up a fence nut never did after the first surveyer. After he had his land surveyed the second time, my fence went up but I set it back in almost 12 inches plus most of the way down the line. He put up his fence back to back. (on his proposed property line) He also extended his fence down the driveway. I did talk with him once when he explained the results. His "line is not straight but now he is trying to imply it is. I guesss so he can waltz on over anytime. He took out a orange stake at the driveway point.(my side) I figure he did this for his own self serving reasons. How does a surveyer determine everything inbetween the 4 points? I want to finally put up a brick planter as a boundry and i dont want to be on his property? Why would anyone get their property surveyed twice if surveyers leave metal markers, or permamnent markers. he had his land surveyed in 2005.

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