What is a "Resurvey" & When Do You Need One?

A real estate survey is?a document that defines a property's boundaries, legal description, and any restrictions or easements. In simple terms, a survey is a document prepared by a "surveyor" that tells you what the outer limits of your property are.

Surveys are usually performed by surveyors identifying certain monuments buried deep underground placed by the city or a neighborhood's developer.

Sometimes, there may be confusion as to the location of these monuments. If what monument was placed by the original surveyor to mark a corner of a lot is not known, then a dispute may arise.

This doesn't mean that the corner that was supposed to be marked by a certain unidentified monument is lost. Florida case decisions establish that “[a] corner should not be regarded as lost until all means of fixing its original location have been exhausted.” Summers v. McOwen, 478 So. 2d 397, 399 (Fla. 1st DCA 1985).

In another case, the Florida District Court of Appeals for the First District held that “[i]n attempting to locate an unknown corner, . . . it is necessary to fix its location as closely as possible to that established in the original government survey.” Gilman Paper Co. v. Newman, 398 So. 2d 887, 888 (Fla. 1st DCA 1981).

The proper procedure to locate an unknown corner is to conduct a “resurvey.” See Willis v. Campbell, 500 So. 2d 300, 302-03 (Fla. 1st DCA 1986) (“The object of a resurvey is to furnish proof of the location of the lost lines or monuments.”); Dept. of Transp. v. Borsje, 566 So. 2d 912, 914 (Fla. 2d DCA 1990) (directing trial court to order resurvey to establish boundary line).

Moreover, “correction of the original governmental survey must be made, if at all, by a resurvey commissioned by the same authority as was the original survey.” Dept. of Nat. Res. v. Bronsons, Inc., 469 So. 2d 214, 215 (Fla. 5th DCA 1985).

As you can see, when there's a dispute regarding the boundary of your property, a resurvey pursuant to Florida law may be a good option.

For more information regarding real estate disputes, contact one of our experienced real estate attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at [email protected].???

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.??

?[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].?