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What Are Issues with Surveys?
Issues with surveys occur when inaccuracies, errors, or disagreements in property surveys create conflicts over boundaries, ownership, or legal rights. These problems can arise during real estate transactions, development projects, or property disputes, leading to delays, legal challenges, or financial losses.
Survey issues often require legal intervention to resolve discrepancies and clarify property rights, ensuring compliance with applicable laws and agreements.
Common Types of Survey Issues
Boundary Disputes - Disagreements over property lines or encroachments on neighboring land.
Easement Discrepancies - Conflicts involving access rights, utility easements, or shared usage agreements.
Survey Errors - Mistakes in measurements, mapping, or documentation by surveyors.
Unrecorded Changes - Modifications to property boundaries not reflected in official records.
Zoning and Compliance Issues - Discrepancies between survey results and zoning requirements or land use regulations.
Legal Considerations in Survey Issues
Resolving survey issues involves navigating legal and regulatory frameworks to protect property rights. Key considerations include:
Accuracy and Professional Standards - Surveys must adhere to professional standards and accuracy requirements to ensure validity.
Title Insurance - Policies may provide coverage for certain survey-related disputes or errors.
Easement Enforcement - Legal agreements regarding easements must be clearly defined and enforced to prevent conflicts.
Regulatory Compliance - Surveys must align with municipal zoning laws, land use regulations, and building codes.
Statute of Limitations - Disputes must be addressed within applicable legal timeframes to avoid forfeiture of rights.
Challenges in Resolving Survey Issues
Resolving survey issues can present several challenges, such as:
Discrepancies in Records - Conflicting information between historical surveys and current findings.
Costly Litigation - Legal proceedings to resolve disputes can be time-consuming and expensive.
Uncooperative Parties - Neighboring property owners or stakeholders may resist resolution efforts.
Complex Regulations - Navigating overlapping zoning, land use, and municipal laws can complicate resolutions.
Impacts on Development - Survey issues can delay or halt construction projects, leading to financial losses.
How We Can Help
At ME Law, we provide expert legal support for resolving survey-related disputes. Our services include:
Survey Review - Assessing survey documents to identify discrepancies and potential issues.
Boundary Dispute Resolution - Negotiating or litigating disputes over property lines and encroachments.
Easement Clarification - Ensuring clear definitions and enforcement of easement rights and obligations.
Title Insurance Claims - Assisting clients in filing and pursuing claims related to survey issues.
Regulatory Compliance Guidance - Providing advice on aligning surveys with zoning, land use, and legal requirements.
Take the Next Step
Survey issues can lead to significant conflicts and financial risks. At ME Law, we offer tailored legal solutions to address your concerns and protect your property rights. Contact us today to discuss your case and secure expert assistance in resolving survey-related disputes.
Legal Rights of the Homeowner in a Power of Sale
During a power of sale process, homeowners have certain rights, including:
Right to Redeem - The homeowner can stop the power of sale by paying the outstanding mortgage balance and associated costs before the sale.
Right to Notice - The lender must provide the homeowner with a Notice of Sale at least 15 days after the default and 35 days before the sale.
Right to Surplus Funds - If the proceeds of the sale exceed the outstanding mortgage balance and associated costs, the homeowner is entitled to receive the surplus funds.
Right to Legal Representation - Homeowners have the right to legal representation throughout the power of sale process.
Right to Challenge the Sale - Homeowners have the right to challenge the sale if they believe the property was sold for an unfair price or if there were errors in the power of sale process.
Preventing Power of Sale
Preventing a power of sale is possible through several methods. Homeowners can refinance their mortgage, negotiate with their lender, or sell their home before the power of sale process begins. It’s essential to act quickly to have more options available and potentially stop the power of sale. To ensure that your power of sale process goes smoothly and without problems, contact ME Law to be consulted on all aspects of mortgage loan origination to the conclusion of a sale of the property.
ME Law will
Assess the strengths of your case and the likelihood of a favorable outcome.
Craft a comprehensive legal plan tailored to your specific business needs.
Identify and implement the most effective legal resolution to protect your interests.
Proactively address potential legal risks to safeguard your business against future challenges.
Let's talk about your case
- (416) 923-0003
- +1 (800) 891-2897
- intake@melaw.ca
- referral@melaw.ca