Full question:
We built a house in February 2006 and thought that it was on the property line. We had ask the surveyor to survey. Now we find out that the person who surveyed our lot did not go all the way to the flag which is still there on the corner of the lot. We are now being sued for $20,000 plus $60,000 for punitive damages for our house encroaching 32.3 feet on the corner of his land. We had no idea when we built the house that this was the case as the surveyor did not flag anything or post any type of markers at that point. This land here is about $2500 per acre. How do we solve this problem? We do not have funds to pay them if they were to get this settlement. The total square footage in dispute is 521 feet. Does the court rule in favor of such greed as this is or will we be asked to pay the current land value?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Tennessee
Answer:
In cases of encroachment, a court may award the fair value of the disputed property. The property value is typically determined using expert evidence about comparable properties in the area. For punitive damages to be awarded, the plaintiff must show that the defendant acted recklessly, demonstrating a conscious disregard for property rights. Punitive damages aim to deter wrongful conduct and usually require proof of fraud, malice, or other intentional wrongdoing.
If a surveyor is negligent in their duties, such as failing to properly mark property boundaries, they may be held liable for damages resulting from that negligence. This means that the surveyor could potentially share responsibility for the encroachment claim against you.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.