I think you and I are in different socio economic classes Advo. 500 bucks is not cheap. I don't think you'll find a surveyor willing to do work for less than that. It would be wonderful if everyone had up to date surveys filed, but it just isn't reasonable.

Is such a survey legally required? If it is, then the neighbors may have grounds to file their own lawsuit. Against MP. I'm sure you have standing as an affected party. (not sure I'm using the legalese properly.) But maybe this is an instance of "people who live in glass houses..."

RR,

It is totally reasonable to expect that landowners to file their surveys. In fact your title company requires it(survey exclusion clause). Besides $500 plus a $10 filing fee is within most landowners budgets. It is certainly within the wealthy Mohonk Preserve's budget. The Mohonk Preserve is the Plaintiff in each and every lawsuit against their neighbors and they do not have a complete filed survey of their lands.

MPNA

AG are you saying that the MP does not have a filed survey of disputed land borders that are involved in court proceedings? I believe that to be highly unlikely.
I think it is incumbent on neighbors of the Preserve to also have surveys if they are concerned over property lines. My impression of what you have written is that you feel the Preserve is the only party that should have surveys, which does not make sense.

Advo, as far as I know it isn't required to have a property survey done everytime a property changes hands. And I think you do a whole lot of landowners a huge disrespect when you claim that $500 dollars is within most landowners budgets. You sound arrogant now, the type of snooty, nose in the air landowner that owns a nice 5 acre lot bordering the preserve and wonders why someone who struggles to pay their mortgage can't afford something that you think is trivial. Take your filed survey and stick it up your upper class nose.

I really do hope Kent isn't working with you on this, because I actually respect him, and he wouldn't be doing himself, or his cause any good by pairing up with the likes of you.

RR

Not codified that you must do a property survey, but you must file a certified property description and figure which no legitimate licensed surveyors and engineers will do without doing an actual survey, unless they did the previous survey or have some other reason to truly trust the previous one.

TS

RR: Aren't most surveys done when homes are sold? Isn't it necessary and standard practice to provide any lending institution with legal documentation of the location and size a property?

I don't think anything was directed at you, but it's not snobbery to beleive that spending what is most often less than 1% of the sales price of a home to protect both the lender and buyer is actually a good investment! So, shy of the well know cat food lady, a home buyer should and can afford to make that investment. It isn't going to make qualify or disqualify them form getting a mortgage, and it isn't going to make or break them.

Chip,

The MPNA feels both parties should have complete filed surveys. The Mohonk Preserve does not have filed surveys for the property that they are claiming in the two current cases (we posted all filed maps of the Mohonk Preserve). Here are some reasons why the Mohonk Preserve should file a survey of ALL the lands they claim to own.

1. The Mohonk Preserve is the Plaintiff in every land dispute, it would prudent of the Mohonk Preserve to tell their neighbors and respective municipalities what they think they own.
2. A filed survey would allow their user base to identify the Mohonk Preserves boundaries, and allow Towns to see how much land is being "preserved".
3. A filed survey would put an end to all the "we own about 7000 acres" talk, How about an actual number of acres for a change?


MPNA

Well said Mark, and yes it is usually done at the time of purchase. We are surprised that a complete survey is not a requirement similar to title insurance (if you are getting a mortgage from a lending institution).

MPNA

Thanks for the reply to my question, AG. I only know first hand of a couple of disputes involving the Preserve and neighbors and in both of these MP did provide surveys. I know of one in which the defendent never produced a survey, sorta like putting up the white flag. I don't know squat about real estate law but I agree that everyone should know what they actually own.