Boundary Dispute Surveyor Expert Witness Services

When to Consult a Boundary Dispute Surveyor Expert

Trust in a boundary surveyor expert witness for their invaluable insights and guidance.

Land Boundary disputes make-up a majority of real property related civil case filing, and for good reason. Boundary disagreements between neighbors can spark frustration, anger, and consternation between all parties involved.

A boundary is simply the perimeter (or outside lines) of a parcel of land. These boundaries are most often described in deeds of conveyance from the grantor to the grantee.

Disputes occur for a variety of reasons, including: 1) a re-surveyor “re-finds” boundaries for one party and another party disagrees with the surveyor’s opinion, 2) a new construction project (i.e. building a home) is commenced then the builder/contractor/developer finds a problem, 3) a municipality (city, county, etc.) begins a project abutting private property and “sleeping dogs”  are disturbed, or a variety of other reasons.

One of the most important roles that a land survey expert witness plays in a dispute is explaining the root cause of the dispute and how surveying principles solve any conflicts in evidence.

Land Boundary Disputes - Three Types of Surveys

There are three primary types of boundary surveys:

1) Original Surveys:

The original surveyor creates boundaries. Once created and approved, the original boundaries created are legally without error and are the exact dimensions as indicated by the creating surveyor.

2) Re-surveys: 

Re-surveys are conducted by a surveyor with federal or state authority. These types of surveys are rare and often conducted in the Western United (PLSS) States.

3) Retracement Surveys: 

After a boundary is created by the original surveyor, the only role that land surveyors have is to “re-find” the boundaries and re-mark the lines for future generations of land owners. It is NOT the job of a retracement surveyor to “correct” any defects or errors in the original survey.

Each of these types of surveys have different standards of evidence and proof, therefore it is important that the land surveyor expert witness explain the importance of the survey types during the boundary dispute.

Land Boundary Disputes - When Fences and Driveways Don't Match with the Deed Lines

Over a century ago, Robert Frost said that “Fences Make Good Neighbors.” Oh, how true that is. But many times fences get mistaken for land boundaries and lawsuits ensue.

Sometimes a fence defines a boundary (when called-for in a deed), sometimes the fence runs along the boundary (when the fence company comes after the surveyor), and sometimes a fence is just a fence – and nothing more.

The same can be said for houses, driveways, sidewalks, or just about any other type of improvement.

So when does an improvement take on a special significance? When unwritten rights such as adverse possession, acquiesce, prescriptive easement, laches, and estoppel are raised. But that is a topic for a different web page.

Having a land surveyor expert witness assess and weigh the improvements and other evidence of unwritten rights in an important step in any civil dispute.

Land Boundary Disputes - How a Proper Boundary Retracement Survey is Conducted

Boundary Survey Stage I: A title search is conducted on the parcels. This title search is necessary to locate the deeds (with legal description) describing the subject parcels. Title searches also help locate leases, easements, court judgments, and other items of interest. A working sketch is created to overlay the official government plat maps, private deeds, etc.

Boundary Survey Stage II: A field survey of the subject parcels is conducted. The field survey focuses on the primary issue of the boundaries (per deeds) plus any improvements.

Boundary Survey Stage III: Lastly, the record data collected in Stage I is overlaid with the field data collected in Stage II to determine the true boundary of the subject parcels in accordance with the generally accepted rules of land surveying as well as any state-specific surveying requirements.

When a boundary dispute occurs, it is incumbent on the land survey expert witnesses involved in the dispute to use the scientific method to objectively determine the property boundaries based on on the three stages above.

When a property dispute occurs, it imperative that the boundary dispute surveyor expert witness involved in the dispute to use the scientific method to objectively determine the property boundaries based on on the three stages above. While NLC practices nationwide, we  have two offices in Florida and Texas.

Need an Expert Witness for Your Property Dispute?

Dr. Tony Nettleman

Dr. Tony Nettleman

Dr. Nettleman is a land surveyor, author, educator, and expert witness.