Property survey Texas.?

Question

Property survey

Years ago I bought a place in the country.
I will ask this question this way – think of a peace of land as 1 big block
Each corner has a big post for fence the title company hired the survey company
And each corner post has a steel rod in the ground on the end and outside of the post.
Showing my place now 5 years later a neighbor bought some land that joins me and another survey company shows only one steal rod 2 feet off –making part of my back fence belong to some one else and my title company tells me that they will not do anything about it – why do we then even bother to buy title INS?

Answer 1

Probably because your lender required the policy.

Unless this survey had an adverse effect on the value of the property for you then the lender would pursue action, however if you are still making your payments then the lender really doesn't care, he's getting his money, your still living on or using the property, so from their viewpoint its no big deal. Title policies have replaced abstracts because an abstract was only the "opinion" of a lawyer, if the lawyer dies then it is the opinion of a "dead" lawyer, escensially having no real value in any case. that is until it is tested in a court of law.

If you (I said YOU) challenge this in court then the title company might be compelled to action, if only to save a few bucks. Note I said in the beginning, this policy was prob. required by your lender, I doubt the policy was to protect you. if so only to the extent your lender might suffer monetary damages.

Answer 2

Well, depending on what state you are in it really don't matter. That is because in most states they cannot make you move your fence after 5 years and you can still live your happy self on your property you purchased. Like most people, you probably only got a survey because the mortgage company lending you the money said you had to. You could spend money to dispute the survey or hire another survey company to double check. Personally I believe it would be a waste of money since you stated it was done over 5 years ago. In south Louisiana we had a problem with surveyors not understanding what an arpent was an confused them with acres. Since an arpent is approximately 193 x 193 sq ft and an acre is approximately 209 x 209 this caused many property lines to cross. Much more than just a foot or so. The adjoining land owners usually split the difference in this case.
Good luck,

Michael