Maryland  |  Real Estate Law

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6/06/07, 5:40 pm

Legal Question


Conflicting property Surveys

When we bought our house, there was a survey that was in the court records that was used for the purchase. Shortly after moving in, we paid to have another survey done to verify the boundries so we could put up a fence. That survey confirmed the original markers were in the correct location.

A builder is in the process of building behind our house and had another survey done for the lots. The survey was done by the same company we used. Unfortunately, they have now marked the property line about 5 feet inside our fence. With a fenceline of almost 400 feet, this is going to be costly, if the new survey is correct.

The portion in question is actually for a road and to mark ''lot boundary''. I don't want anything done until we can resolve this issue. What's my recourse to have this resolved and if necessary recover the cost of moving the fence, flower beds, etc.? Would I be entitled to a refund of the fees I paid for the survey if it was done incorrectly?

Tks.


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