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This is only my second post so I hope I'm picking the right forum. Hopefully I can word this in a way that is understandable and not too long. Here goes.. Recently we were lucky enough to buy 5 acres off of Pohoiki rd 1/2 way between Pahoa and Isacc Hale. When we made our offer we asked the seller to have the land staked. The survey came back indicating that the property line was about 50' west of where it was assumed to be, which surprised all of us, especially my neighbors to be. My neighbor directly to the west is amenable to the adjustments, but HER neighbor has recently purchased his land and has already started a cabin on what would be her property. He went ahead and got a survey of his property, which indicates that that the property lines are as we originally though. SO, we have two conflicting surveys with my poor neighbor in the middle feeling pretty squished. I would be happy to ignore our survey and have things remain status quo, but I share my east property line with the state, so status quo might end up being a problem for me in the long run. Also I (of course) don't live here and will not be able to be around much for a few years. My squished neighbor in the middle, who I really like (don't know her, but we've talked quite a bit) is not in a financial position to get her land surveyed. What should I do? P.S. The reason I'm asking you all is that I've learned a lot from these forums, you all have a lot of wisdom, so thanks.
Wendy Alderson
Wendy Alderson
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Was your land surveyed, or just staked by a pin finder? Same question about your neighbors land. It makes a huge difference, pin finders just locate pins, licensed surveyors find a legally determined starting point and then carefully measure from there, they are generally licensed and bonded and their surveys are accepted as a legal definition for boundaries. Pin finders just locate prior pins and have no real legal standing.
We had our place surveyed when we bought it, paid for it ourselves and we are confident the boundaries are where they told us they were. Best $350 bucks we spent in the whole land buying process.
Carol
Carol
Every time you feel yourself getting pulled into other people's nonsense, repeat these words: Not my circus, not my monkeys.
Polish Proverb
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Carol,
Thanks for your reply. So excited. Looks like ours is a survey, stamped with a licensed by the Sate of Hawaii survey stamp. I have an email in to the fellow who did it, I haven't heard back yet. I'm not sure about our neighbors survey, I'm going to ask him to share his survey with us as our seller share hers (ours) with him, but of course he doesn't have to. I thought about seeing if my neighbor in the middle would let us pay for a survey for her, it seems like that is the missing piece of the puzzle, but I'm afraid it might cost quite a bit. Mostly, I'm hoping to solve this with as little friction as possible - with aloha, if I may....
Wendy Alderson
Wendy Alderson
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It seems really odd that two stamped surveys could be so conflicting, I would ask the person who had the other survey done if it was a survey, or a pin finder. If it was also a stamped and licensed survey, one of you got ripped off and should get your money back. My understanding is that licensed and bonded surveyors are legally bound to be right or they can lose their license and pay for damages. I know there is a state agency that all surveyors answer to, I just don't know the name. This is where we need a word from our experienced realtors and contractors here on Punaweb, they will know who you should talk to.
It is really important to get this settled now, it can get really difficult to address after 15 years of people building fences, walls, driveways, outbuildings and houses. Good luck!
Carol
Carol
Every time you feel yourself getting pulled into other people's nonsense, repeat these words: Not my circus, not my monkeys.
Polish Proverb
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Even a stamp happy certified pin finder can make mistakes...
If you already have neighbors on both sides of you... Why stress everyone out and rock the boat? I would think if I found a lot that had a 50' error, well... there are plenty of others for sale.
If you have established neighbors with fences and homes a survey is not needed. But if you have empty lots and the only thing you can do is count the power poles then yeah you should get a survey ...
Funny thing is. If the survey says this and that and marks where you lot lines are and stamps and signs a piece of paper and makes a mistake ... What you gonna do when half the house you built is on the neighbors lot? I highly doubt a professional surveyor is going to pay 100-200K to move a house and fences etc...etc... I am sure there is some fine print that covers their asses in case...
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Maybe the surveyor won't pay for his/her mistakes, but their liability insurance company would...
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quote:
Originally posted by KeaauRich
Maybe the surveyor won't pay for his/her mistakes, but their liability insurance company would...
Yes this is exactly why I told a client to have the surveyor set the corner pins for his slab as his house is on a small lot, and he only had 9" (yes inches of wiggle room) from side setback to side setback.
If something was found to be incorrect, licensed surveyor has insurance for errors.
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When I asked my surveyor about "What am I paying a thousand dollars for?". I was basically told that I was paying for the "stamp" and the stamp meant that there was a liability policy of something like maybe 500k (have forgotten actual figure, but it was a lot (no pun intended)). This means if there is a mistake - even in building a house- then somehow the insurance pays to correct it, or remedy it.
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There are zombie stamps around, see if the maps were actually stamped by a licensed living person
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quote:
Originally posted by Seeb
There are zombie stamps around, see if the maps were actually stamped by a licensed living person
That is exactly why I use Dan Berg for almost everything. He is licensed, (you can look it up online), insured, and is not a zombie.
We have a question on two of our lines and Dan is going to check it for us this summer as we are going to set fencing on the back side of our property to keep the pigs out and want it to be in the right place (measure twice, cut once!)
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