When is a corner monument, not a corner monument?
We could use a little help justifying the inconsistencies of two different surveyors and what means they are resolved.
We are involved in a land dispute of which a fence has been placed on disputed property to our west.
Our frontage description is 95’ and is marked by a south easterly corner monument which is cast in concrete. The south westerly corner wasn’t marked. (Joint driveway and no marker present)
Two different surveyors found our west property boundary in two different places.
The two property lines on our west are 6” apart and the origin PK nail of the section quarter is only 400 foot away.
Neighbor to the west had a surveyor came in and took 10” of our west property boundary, and placed a new fence. Our surveyor came in and gave us 6” back on the west and took 6” to the east, from my neighbor to the east and disregarded an existing cast in concrete monument. Fence on the west is now on our property based on our new survey.
First survey, back in the Thirties which cast monuments in concrete around the neighborhood, isn’t being considered. Why?
The yard looks like a pin cushion now and nobody has any consideration for monuments that are approximately 80 years old.
I have three corner markers each with two stakes 6" apart.
Judge wants to call in a third surveyor to settle the dispute.
What would you do?
Thanks in advance.