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Avoid Costly Mistakes: What Exactly is a “Resurvey” & When Do You Need One?

By October 15, 2024October 16th, 2024No Comments

Let’s talk resurveys! But first, 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 โ€œ[a] corner should not be regarded as lost until all means of fixing its original location have been exhausted.โ€ 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 โ€œ[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.โ€ 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 โ€œresurvey.โ€ See Willis v. Campbell, 500 So. 2d 300, 302-03 (Fla. 1st DCA 1986) (โ€œThe object of a resurvey is to furnish proof of the location of the lost lines or monuments.โ€); 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, โ€œcorrection of the original governmental survey must be made, if at all, by a resurvey commissioned by the same authority as was the original survey.โ€ 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 eduardo@ayalalawpa.com.ย 

We at Ayala Law PA are passionate about helping those in legal need, so please donโ€™t hesitate to schedule a case evaluation with us online here.

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

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