This Week's Question

February 15, 2005

By Nena Groskind

Q:   The wall dividing my property from my neighbor's needs repair, but it isn't clear whose property the wall is on. Our plot plan doesn't show it, but the plan does state that the information is not based on an instrument survey. The same is true of our neighbor's plan. Are we correct in assuming that an instrument survey would be more accurate? And should we inform our neighbors of our plan to have the survey done and ask them to share in the cost?

A:   Instrument surveys are, indeed, more accurate than standard mortgage plot plans, and the costs very with the size and complexity of the lot. There is certainly no reason why you shouldn't inform your neighbors of your intentions, and it is possible that they will agree to share the costs, given that it may be as much in their interests as yours to define the ownership boundaries. But it is also possible that they will cheerfully allow you to pay for the survey and: (1) ignore the results, if it turns out that fence repairs are their responsibility, or (2) nag you to complete the repairs if the fence is on your property after all.