Legal Question in Real Estate Law in Rhode Island

Is my neighbor entitled to a copy of my property survey? We had a professional survey done prior to having a residential fence installed. Now we're halfway through the installation process and one of our neighbors gave us a letter demanding a copy of our property survey. We contracted the survey and paid for it ourselves-does he have any legal right to it? He has been very difficult since he found out we were going to install the fence, even though he has his own residential fence.


Asked on 6/15/10, 6:19 am

1 Answer from Attorneys

Staff General Counsel LawyersCollaborative

No, your neighbor does not have any right to the survey you commissioned, and for which you paid.

Having said that, however, if the neighbor were to file suit alleging trespass or some other cause of action related to t he property lines, then the neighbor could try to get a copy of the survey from you through discovery - discovery refers to the legal process by which opposing parties exchange information in advance of trial. But that would require the neighbor to hire a lawyer and file suit. Giving the neighbor the survey in the first instance could either (i) give the neighbor the ammunition he wants/needs to later bring suit or (ii) mollify the neighbor by proving you are erecting the fence on your property and in accordance with local ordinances.

If the neighbor is being obnoxious about the request for a copy of the survey, you may wish to decline or not even respond to the request, especially if the request is presented in an obnoxious manner, as you seem to imply.

Best,

LawyersCollaborative

Note:� The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.

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Answered on 6/15/10, 10:32 am


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