Recently, a client tried to be a good neighbor when finding that his property line actually encompassed about a quarter of his abutting neighbors back yard and a portion of their driveway. Seems the builder had missed the property line stakes when grading for the driveway and this poor guy could not even put up a shed at the end of his driveway without being on his neighbors property.

    Earlier, I had recommended a survey company to the client as they were thinking at the time of adding an addition. The survey company found the problem and notified the owner. Both property owners were amenable to work out the issue and they called the builder to bring hin into the solution and pay for the error.

    The owners asked the builder to pay for the new survey, record the change and reimburse the owners for their expenses in re-recording their mortgages, etc. The total being around $1,500 to the builder.

      Plymouth home for sale

          This is where it got interesting

        It seems the builder did not like one of the owners and was concerned about being sued for the error. So he told the survey company not to record the change and not to give any copies of the new plot plan to the owners.

      Both are unethical in that the survey company was first hired by one of the owners and at the very least should have informed them that the builder asked them not to move forward with the new survey. Secondly, the builder acted irresponsibly and is refusing to own up to his error and causing both owners a bigger problem in not being able to modify or sell their properties.

      The owners have since hired a new survey company to complete the job properly and it will be recorded. I suspect the builder and original survey company will now definitely be sued to recover all costs – now that their actions angered the owners.

      Both builder and survey company acted like children and their actions will likely not stand up in front of a judge. What could have been a small inexpensive issue was exacerbated by their lack of accepting responsibility for their actions. Their reputations will be tarnished and depending on legal action, their liability may be more than they think.

       

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