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-   -   Survey / Property Line inconsistency... (http://www.buildinghomes.ca/community/forums/showthread.php?t=20152)

wkim75 2012-08-20 02:53 AM

Survey / Property Line inconsistency...
 
So we have a fence guy doing the fences for a bunch of houses in our neighbourhood..

The first/main post between our house (and our neighbour's, whom we share the wide-side with) is where our two gates will be put up.

I noticed the post was significantly closer to my house than our neighbour's..

I looked at our survey.. Sure enough, the survey says both our front corners should be 1.26m from the property line.. From the rear corner, mine should be 1.27m and neighbour's should be 1.37m (i.e. theirs is wider), for a total of 2.64m between the houses at the rear.

So I measured it.. The front corners are accurate (enough) as there's roughly 2.52m between the houses.. but at the rear, there's actually 2.50m instead of 2.64m.. and the fence post is 1.10m from our wall, and 1.40m from our neighbour's!

I called the fence guy, who came out to take a look.. sure enough, there's a 14cm overlap at the rear of where the property line should be..

The fence guy said he'd be willing to move the posts (the walls haven't been put up yet, just the posts). But he wants an official word on where the property line should be.

What can and should be done at this point? I've contacted the builder (house is nearing 2 years old at this point).. should I contact the city? What is the most likely outcome of this?

Any insight would be appreciated...

Thanks!

PocketDog 2012-08-20 07:23 PM

There is no missing land. Someone's survey was completed incorrectly on close. The town will not help you as they consider this a civil issue.

We have the last house with one builder and our neighbour has a different builder and our neighbour swears he is entitled to our property because his survey says so. We've had 3 professional surveys done from scratch trying to establish the truth using momuments and it lands where we expect. Unfortunately the ironbars and markers disappear in the night and the police will not help you as they consider it a civil issue.

It's been 3 years now and our fence still isn't up because he wants 2 cm more (it's a bigger issue than this, he also tapped into our drainage so his downspouts run through our paid for landscaping channel and drew on our stone wall marking where he believes we are over).

If your talking, talk to your neighbour about hiring a surveyor and if they don't want to split the cost, do it yourself and have the fence contractor there to finish the job. Best that your neighbour is also there so when the result comes out (either way) both of you how the survey was staked out.

IMO get it done right by doing the survey and stop future bullying. We've been dealing with a moron and his father who even after lawyer letters claim we owe them land and they were doing us a favour by tapping into our drainage. Don't get into this back and forth, get it surveyed and get it done. Be home until the fence is up.

You meet all kinds and unfortunately sometimes you have to live beside them.

wkim75 2012-08-21 03:08 PM

Thanks for sharing your (not so happy) experience.

We actually have the same builder..
And so far, the builder (Monarch) has been pretty good to us.
So here's hoping they can resolve this in an amicable way..
(Well, as amicable as possible, since they can't exactly move the houses anymore)

I was wondering if there were any minimum distances between house and side lot lines on Ontario.. (unsurprisingly, google came up short in finding me the answer..)

PocketDog 2012-08-23 03:53 PM

Good luck to you. It should be quite simple with the builder/surveryor the same. The town also will show you lot plans if you go in - freedom of information. I know way too much about this stuff now.

Re minimum sidelots, our neighbourhood is short side/wide side placement of homes. Our short side is just enough for the overhang and a little bit more and the wide side is very wide which is great. Ask the town if you drop in, they've always been very helpful.

good2know 2012-08-23 05:21 PM

Quote:

Originally Posted by wkim75 (Post 236342)
So we have a fence guy doing the fences for a bunch of houses in our neighbourhood..

The first/main post between our house (and our neighbour's, whom we share the wide-side with) is where our two gates will be put up.

I noticed the post was significantly closer to my house than our neighbour's..

I looked at our survey.. Sure enough, the survey says both our front corners should be 1.26m from the property line.. From the rear corner, mine should be 1.27m and neighbour's should be 1.37m (i.e. there's is wider), for a total of 2.64m between the houses at the rear.

So I measured it.. The front corners are accurate (enough) as there's roughly 2.52m between the houses.. but at the rear, there's actually 2.50m instead of 2.64m.. and the fence post is 1.10m from our wall, and 1.40m from our neighbour's!

I called the fence guy, who came out to take a look.. sure enough, there's a 14cm overlap at the rear of where the property line should be..

The fence guy said he'd be willing to move the posts (the walls haven't been put up yet, just the posts). But he wants an official word on where the property line should be.

What can and should be done at this point? I've contacted the builder (house is nearing 2 years old at this point).. should I contact the city? What is the most likely outcome of this?

Any insight would be appreciated...

Thanks!

go to the city and get a copy of the registered survey - it will show all the houses and the distances

if either one of you has a lot survey that is different from the registered survey, throw it out - its the registered one that counts

PocketDog 2012-08-23 06:34 PM

I wish that was the case for us. Our registered survey shows property lines that have be verified through independent surveys 3 times. Our neighbour also has a registered survey that has his property lines crossing over ours. He's been around when we had the resurveys but cried like a baby until his surveyors said he'd 'move' the survey based on allowable variances. Ha, no one talked to us about doing this.

Both surveys are registered with the town. And we've proven 3 times that his is wrong. No action by the town - civil matter.

Basic stuff wasn't done by the company that surveyed his. They didn't bother to contact our surveyor to tie in (two different builders/two different survey companies). If the other surveyor came clean, there would be a ripple effect as everyone from the neighbour's survey down would be incorrect and fences are up. He's not going to admit it. We even had both surveyors out together with no luck to resolve. In end our surveyor came back and redid the iron bars as even with the developer confirmed our survey is correct, house built first, registered survey submited and they should have tied in to our results. They disappeared in the night.

I wish you luck and hope because you and your neighbour have the same builder/surveyor it's just a mistake and surveys will be resubmitted with the truth.


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