You need a good independent (not in any way connected to the builder or agent) real estate lawyer and an independent surveyor.

The good news is that should be fairly quick and standard to sort out, one way or the other. I hope it works out in your favor. Good luck.

Did you have a survey done? that is the only way for you to really know how large the property is really, not with stakes or flags unless they were put there by a surveyor and it should then show on the survey. If not then have a survey done now so you know for sure where the property boundaries are. If you don't have anything showing your property boundary is where your fence is then I don't think there is anything you can do. It really was up to you to verify those things when you purchased the lot.

The only other possible option is adverse possession, but the timelines tends to be longer with that, but it varies by locale so you might want to contact a real estate attorney if that could be an option.

Sadly, the lot line is where the lot line is. The fence means nothing. You need a good surveyor, your closing docs, any information on what the overall size of your lot is / was as sold to you and see where there are discrepancies. When I bought my house / closed, I had to have a survey - you should have one too and it should tell you things like length and width etc - and then you could measure it out (they make really long tape measures) Honestly - I'd start there before hiring anyone just to see if it's obvious one way or the other.

In our area, a simple survey to just locate pins in the ground can run as little as $100. The only way to prove if this is your parcel is to get a survey, which can only be done by a licensed surveyor. To get a good idea beforehand, I would recommend searching "your county, your state, GIS" Many states have all their counties set up with the GIS system where you can see your property. There are tools there to measure the property, and even see property lines in relation to buildings and trees on the property. If the actual survey comes up that you never owned the extra 10 feet, then there is not going to be much you can do as it was all just verbal. How do the neighbor's back property lines fall in relation to where you believe yours is?

Thanks for all the info/replies. I have hired an attorney to at least try to recoup some of the extra money I spent for the lot. I never thought I needed a survey since this is a new sub division and the lot was surveyed and staked by the builder. Had no reason to believe the stakes they put down was incorrect. Whats truly sad is they accept no responsibility for the mistake.

I'm sorry Mr. Cooper that you are going through this. Let this be a lesson to all. Have your property surveyed before you buy or build. I built in a subdivision and I found out the neighbor behind me moved the lot line stakes to give them about 5 feet of my property. I found out when we surveyed before building and my grading contractor who worked on the neighbor's house also confirmed what they did. They weren't too happy when I took back my property. Thank goodness there wasn't any type of fence put up yet, but being lower than me, they did cut away a big chunk of my yard that I had to fill in.

Then, I am now in the process of doing a lot line adjustment with my next door neighbors because their contractor didn't do a survey and went by the stakes and put their block wall on the wrong property line. We found this out when I had my property surveyed. They were very distressed when we told them. However, my neighbors are being very gracious and would rather deed me 400 square feet of their property than pay to move the block wall.

One other thing that happened in my neighborhood was someone built a shed on another's property because again, the stakes had been moved and no one had a survey done. The neighbor had to move their shed and there were a lot of bad feelings.

So apparently, people were moving the stakes around my subdivision willy-nilly to suit their needs and contractors and realtors were trusting the location of the stakes.

Always, Always, get your property surveyed. With the GPS systems surveyors use now it's very fast and not expensive.

Hi Bernard,

Sorry for your trouble.

May I ask (respectfully), how do you know the subdivision builder made a mistake in your property survey? Who exactly is telling you that you are losing 10 feet?

Please follow the suggestions previously given to you to have a survey done by an independent surveyor (licensed by the state). This is the first thing the attorney will request. IF the builder misrepresented your property lines, you should have no trouble getting compensation for the premium you paid.

It may just be an honest (though stupid) mistake. Don't let this dampen your enthusiasm for your build!

Congratulations on the adventure you are about to begin!

Honibaker, the builder had all the lots surveyed and staked. I was shown several lots that they could build the model of home I had selected. Every lot had the stakes in the ground as a way to give the home buyer a visual of just how much yard they would have. That was the main reason i selected this particular lot. Every house they build they put up the back fence separating the two property lines. I imagine they do this so no home owner will do what Suru11 stated happened in her sub division. Im sure it was a honest mistake, the problem is how they chose to handle it after the mistake was discovered. Although I am disappointed in how they chose to handle it, this will not dampen the excitement of being a home owner. Thanks to everyone for taking the time to reply to this post.

Hey, Bernard! Sorry about this crap you’re dealing with. I think it would be helpful if you’d clarify things the facts—if you wouldn’t mind.

I purchased a home in a new sub division. The lot I selected was already staked when it was shown to me.

• Who/what type of company owns the subdivision—a builder?
• Did you buy an existing house or did you buy a lot?
• From whom did you buy it?
• Was the back fence already built when you purchased the lot/home?

The lot is also larger than some of the other lots that was shown to me by the agent working in the sub division so I had to pay a 8000 lot premium for it.

• Is this a sales agent who is an employee of the builder?
• Is this $8,000 itemized on the sales contract?

I closed in Aug 2016 and now that my builder is building on the lot behind my house they are telling me that my back fence is on their property.

• Whose property are you being told your back fence is on?
• Who is telling you this?

When my builder builds any houses in this sub division they put up the back fence.

• Is your builder the sole builder in this subdivision?

They staked the lot they sold me.

• Again, who are “they?”

Now I'm being told I will lose 10 ft of property in the back of my home because of their mistake.

• Who’s telling you you’ll lose 10 ft of property because of their mistake?
• Who is it that made the mistake?

To make matters worse they are trying to put the blame on everyone else.

• Who is trying to put the blame on everyone else?
• Who is “everyone else?”

What advice would you give and how should i pursue this matter.

• Depends on who’s who and what’s what! ;)

Thanks for taking the time to read my post.

• You’re welcome.

My mortgage bank required a land survey. My GC also needed it for pulling permits involving the exterior of the property. My landscaper also asked for a copy of the land survey before he started pulling down trees. And, all the properties in the subdivision are fully fenced. Obviously fencing means nothing until there is adverse possession.

It's actually more important to get a survey when you buy a home or lot in a new subdivision. It is even more important to do this before walls and fences are installed.

Typically, what happens is the contractor doing the site development will often move enough dirt and brush to cause the stakes and lines to be lost. They put them back where they think they saw them. That's often where the mistake is made. Most of the time it's a human factors error. Sometimes, it's a dishonest neighbor.

You need a survey. Then, you need to file it at the courthouse. Your attorney will handle all of this.

Can anyone tell me more?

Wouldn't title insurance require an official survey? How could you get a deed or a mortgage without a legal description of the property?

The lender will use the master survey of the development along with the legal description to create the loan. It won't account for the human error factor. The appraiser won't catch unless it's a really gross error and they get lucky.

In new subdivisions, buyers are usually cash strapped and skip some steps that would act as a safeguard. They don't go to the extra expense of a survey or owner's title insurance, either. Sometimes they are confused and think they are getting title insurance when they are paying for the lender's coverage only. Unless you order and pay for these two items, you aren't protected. It's a foolish economy on their part.

In our office we say that "GIS" stands for get it surveyed!

Buyers are well served to get at least a boundary line survey before closing on any lot and a final improvements survey (which would show the footprint of the home and driveway as well as the required setbacks) before purchasing any home. This way issues can be identified and (hopefully) remedied before you take ownership of the property.

Anyone having a custom home built on their lot is well served to get a foundation survey as soon as the foundation is complete. The foundation survey is evidence that the home is being constructed within the allowable setbacks. Most lenders require this before they'll authorize the first construction draw payment. Some municipalities may require it, too.