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Old 07-31-2007, 05:38 AM   #12
Willow
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Join Date: Aug 2006
Location: Ohio
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Thank you everyone for the encouragement. I didn't expect anyone to read and reply to such a long post, but your posts have helped tremendously. Thank you.

I did a lot of phone calling this morning....I don't think my poor phone has had a rest since right after I made this thread.

First I called the surveyor I want to go with. He and his crew will be here on Thursday. I do have a guy coming out tonight to do an estimate, but he said he can't get the survey done this week, and I want it done this week, so we are going with the other crew. They are licensed and bonded. I had described to him how they did their markings yesterday and he said it doesn't sound like they know what they were doing. He also recommended that I call the survey company that they claimed to work for and request a copy of the survey. He followed that up with since it sounds like they didn't know what they were doing, we can sue that survey company.

He isn't just surveying our property...he is going to go off the empty lots next to us like our deed says to do and he is going to measure OURS and the NEIGHBORS. And since I already contacted our attorney and informed them we want to take this to court, I am legally allowed to hold the neighbor responsible for atleast half the survey costs...and I can possibly sue him for attorney fees if the survey comes out in our favor and I can prove he has caused undue hardship on us.

Second, I called the other survey company. There is NOT a survey report being filed! He said they did not do a survey, that they were just marking property lines going off the original survey and that it ran in a straight line. Ok so I popped off at the mouth and said no it isn't going in a straight line and any moron with half a brain can see that!! He insisted it is a straight line...I let it go and informed him well whatever report you have on it MY attorney will want it and I hung up.

Then I talked to my attorney again and told them no survey report was being filed by that company and he told me just get your survey then and contact him when the survey is complete and he will take the steps necessary to take them all to court.

Truly I think the neighbor thought he could bully us into giving in without a fire...uh WRONG.

My step dad has relented some, said he doesn't have the money to pay for the survey right now, but if we could wait until tax season (uh 6 months from now) he would pay for it then. I told him I can't do that because we have 10 days to dispute it and I want the survey done before we leave this weekend.

Again, thank you everyone for being understanding and for the advice. I wish his family had bought insurance, but I don't think they did. I will read the deed tho and see.
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