Surveyor Help

Buyer done gone an fuked himsef a now his esquire tryn to fix it.
Surveyor and Esquire need to meet in the squared circle or sonic and figure out who’s correct, my money on surveyor.
Where is the differentiation on the survey from the tax assessor?

Can’t see the whole picture here but a couple things.

Super old pieces of property were possibly surveyed wrong the first time. The equipment these days is literally light years ahead of the old stuff from before the 90s. Heck some surveyors interpret things differently.

Could be an easement issue. Could be an old boundary dispute.

Most likely scenario on a piece of property that has a lot of jogs and turns is simply solving for area. The autocad used today will compute and shade a closed boundary to as many decimal places as you want. So my guess is that the 51+/- acres falls in old original calc of the land. So the 54+/- acres total fell in the original scope. Crazy I know but older the survey, the more chances you are going to g to find some weird stuff.

As far as changing the survey it will be more a recommendation on that attorneys part. Unless someone pencil whipped it together and gets busted. Licenses will be lost in that case. My guess is you guys are going to split a 3rd survey with another company.

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The equipment these days is literally light years ahead of the old stuff from before the 90s

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What I was thinking, surely the newer survey would be more accurate?

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Most likely scenario on a piece of property that has a lot of jogs and turns is simply solving for area.

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There is a small 6 acre piece that juts into the property, but the old stakes were found and in place for this last survey.

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My guess is you guys are going to split a 3rd survey with another company.

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Not sure it's worth haggling over 3 acres, even at $3,000 an acre.

Any advice on how to fight this without another survey?

I’d ask what the initial discrepancy is/was and want to look at it on their drawing(s). They might’ve found you 3 acres, or it might be a screwup/clerical.

How do the buyer’s surveyed lines align with your existing boundary?

That +/- (more or less) is there for a reason. A survey is generally regarded as the gold standard. An attorney's interpretation of the legal description or an old survey usually does not trump a recent/current survey. I sell land for a living - I've had more surveyors find errors in the chain of title than I've had lawyers find them. I think the only legal challenge to a current survey that would prevail would be an "open, hostile, and notorious" challenge, also known as adverse possession - that is the legal term for an accepted boundary line such as an access road or fence that has been unchallenged 20 years or more.

If you got what you wanted for the 51+/- acres - I would not care if it turned out to be a few acres more. I don't understand why the buyer's attorney would refute the 54 acre claim and revise it back to 51 acres in the face of a recent 54 acre survey unless they think the additional 3 acres might cause you to back out. If there is no contingency for the property being a minimum of 51 acres or based on a price per surveyed acre - then you have a contract to sell based on 51 acres, more or less. If you have a price per surveyed acre contingency in your contract, then the buyer's attorney is trying to keep his client from paying for an extra 3 acres.

ETA - "perhaps, allegedly, maybe"...I'm not an attorney and I'm not giving legal advice. Just sharing my experiences.

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Haven't seen their survey yet. Just learned of the problem this morning.

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10-4 I’m meaning how does their staked lines/corners align with your boundary on the ground.

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my money on surveyor.

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There was a time I would agree.

Not anymore.

All the new guys are incompetent jackasses who can't read a map to save their fricking lives.

Eta: my wife to the surveyor after the third revision "any chance we could get your husband to do it instead of you"

He was not amused.

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Can someone explain to me how this process works? How does an attorney overturn a legal survey?

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Too many variables in your case to give you a direct answer. However, technically only judges determine legal boundaries or a boundary agreement between owners in a dispute. A surveyor simply reports the boundary based on the title information he's been given and what he uncovered in the field. Only when there's a dispute between property owners that ends up in court or in a boundary agreement is there a legal boundary set. There is a hierarchy of what controls in a boundary survey that the surveyor must follow.

The attorney doesn't determine a legal boundary. He may have additional information that the surveyor doesn't have, he may not agree with what the surveyor has found and reported or he may just not want his client to have to pay more. Unless y'all settled on a per acre price based on the survey though, it doesnt really matter. You're selling a piece of property for a set price. If they found an extra 10 acres, that may be different.

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All the new guys are incompetent jackasses who can't read a map to save their fricking lives.

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I agree. Surveying has become more precise but not necessarily more accurate.

What does it say on OnX or other mapping software?