What can one do if they purchase a property then find out later that the land survey provided at closing was measured incorrectly and the surveyor refuses to come remeasure and correct the survey?

Answer 1

there are a couple ways you can approach this...firstly, speak with the title company that insured you as a purchaser and voice your concerns to the legal dept there (someone called a title officer or underwriter, or counsel)...they insured you as to your complete ownership of the land, and if the description of the land is not correct, they would be subject to a monetary claim from you, so they should seek to clear the issue. the other way to get some action might be to speak with the association of which they are probably a member. on the web, search for (whatever state you're in + surveyor + association). most states have a regulatory association to which surveyors belong- and you can file a grievance with them or ask them to intercede on your behalf to get the correction done. Do call the title company and present whatever evidence you may have. you will find the title company is generally more than willing to listen and help. I've been in the title business for more than 35 years, and most people i run into are willing to lend a hand and clear title problems

If you can prove that the surveyor made an error and will not fix the issue, and if your state does not have a statute of limitations on liability, you can file a complaint with the state board that oversees the licensee. However, if you are saying there is an error because the survey does not match record description, it is possible that the surveyor did nothing wrong.

Answer 2

Ask for a better one. The surveyor has a legal obligation to get it right. However, a survey is not part of the title (unless incorporated by reference), and thus not a "cloud on title" that would permit you to postpone the closing, although you might ask. You could (in theory) ask the seller to pay to have the survey corrected, depending upon who had it done.

Answer 3

If the surveyor refuses to remeasure and correct the survey, you may need to consult with a real estate attorney to explore your legal options. This could include negotiating with the surveyor, taking legal action for negligence, or seeking compensation for any resulting issues. It's important to act promptly to address the situation and protect your property rights.