Mistake on Neighbors Blue Print Plan for Expanded House.?

Question

My neighbor has built a huge house and is asking for an variance.  A variance in this case means that he has or will cover more of a percentage of his lot than the Town allows.

I looked at the "plot plan" at the town hall and it says the property line is at least 2 feet over what I believe is the property line.  I will try to prove I am right by using the title or deed in the Town records office.  I know I have a 50 foot front and I believe has 50 or less but his blue print shows 53 feet across.

I just don't know how his surveyor and builder could made such a mistake.  The property line has been an issue since they moved in 10 years ago.  

What are the implications of his plans, and the zoning office apparently accepting it?  Do I just write a letter to zoning and ask that the variance he is asking for to build a porch and and two car garage is not fair because it ruins the view completely for his neighbor on the other side and that I don't want him to go up on the porch 30 feet, and it ruins the "feel" of the neighborhood. No one else is that close to the road on the whole street.

This is very disturbing as he has bared false witness twice.  Once saying the the other neighbor who lost her view, did not mind the porch as he asked me to sign a letter saying it was ok with me.  And secondly he told my roommate that his property comes over another three feet into my land.

He must think I am very dumb and unable to defend my rights.  He is very rich and we are very poor and don't have money for a surveyor... but some how I will hire someone.  I am upset.

My deed says 50 feet across the front. An old plot plan for my house says 16 feet to the property line on the south My house is 25 feet across. 25 feet and 16 feet is 41 feet leaving 9 feet to the north to the property line. His front is smaller than 50 feet and his plot plan is 8.9 feet to his north 28 feet across and 16+ to my property on the south. That would be 52.9 feet across and I believe his deed will be 50 feet or less.

What are these implications? If his plot plan has been accepted does he have a legal right to claim my property? Do I have any rights to sue for the cost of a surveyor either against him or the town or the surveyor that did his plot plan. We live near Long Island Sound and the view is valuable.

Any information or opinion would be appreciated. Thank you.

Landlord · Accepted Answer

I am with linked.   You can likely prove this, however, you are incorrect, your title is not any sort of proof where the property lines are.    You will need a survey of your own done.    Without you doing that you will lose this issue, the judge will accept the other parties survey as proof regarding the line.

You have the right to request that you be granted legal costs and costs of the survey in the event you are correct.   The judge decides if your neighbor pays it or not.    Because the neighbor has every reasonable reason to believe he is correct, he had a survey done the odds are the judge will NOT make him pay for yours.   But it is up to him.

Anonymous · Answer

"I just don't know how his surveyor and builder could made such a mistake. The property line has been an issue since they moved in 10 years ago. "

Most likely they purchased the property under the impression it is as they state it is.
And they may very well have legal records proving that, just as you have legal records proving otherwise.

This can happen. Sometimes a surveyor makes a mistake at some point in time and it doesn't get noticed and makes its way into official records.
Only years later, after several changes of ownership, will something like this happen and things have then to be decided by a painstaking search through historical records (hopefully there are any left that are old enough).
In fact that search might well show they're right and you're wrong...

For example, when I purchased my house the surveyor told me a story about just such a thing he'd been involved in resolving.
A house like mine had been purchased and repurchased several times without the garden shed being on the deed.
Years later someone wanted a building permit for a new shed on the same spot and couldn't get it because according to his deed the shed was not his property but still belonged to the person who'd had the thing built a over decade earlier.

linkus86 · Answer

You go girl!  But before you do you need to understand a couple of things.  A survey is nothing more than one mans opinion and it isn't impossible for his measurements to be wrong.  The fact that you property is not surveyed is a problem because while you may have 50 feet of frontage, it doesn't necessarily mean that your property lines are on right angles to that frontage.  The best way to be sure is to have your own property surveyed and pinned to be certain what property is yours versus your neighbors.  The expense of the survey is your own.  A general accepted description of your property can proved with a property plat map available at your county court house for a fraction of the cost of a survey

You have every right to fight the variance your neighbor is seeking, but remember, your property value will increase as a result of the larger house being built as long as it doesn't disturb the "quiet enjoyment" of your property.

Mistake on Neighbors Blue Print Plan for Expanded House.?

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