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What is the Statute of Limitations on a Land Survey in Virginia?

What is the Statute of Limitations on a Land Survey in Virginia?

Q: Which of the following is the type of survey made to establish a boundary line on the ground or to obtain data for constructing a map or plat showing a boundary line?

The type of survey that establishes a boundary line and provides data for maps or plats is called a boundary survey. This survey determines the exact location of property lines and is essential for resolving disputes and ensuring accurate property descriptions.

Full question:

A surveying plat was prepared in 1996, depicting the boundary lines and acreage. I have discovered that an error was made on the said plat that effects the amount of land surveyed. Because of the length of time since the plat was prepared, is there any liability with regards to the surveyor? Can I file a civil suit to recoup damages? What are the statute of limitations in Virginia?

Category: Real Property
Subcategory: Encroachment
Date: 04/07/2025
State: Virginia

Answer:

If a surveyor is negligent is surveying property, by failing to use the standard of care and skills typical in the profession, and that negligence causes harm to another, it is possible that the surveyor may be liable for all or part of a claim brought against the person harmed. The statute of limitations on a written contract in Virginia is 5 years. In some instances, a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or fraud. It does not refer to discovery delayed by the acts of the one raising the defense.

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.

FAQs

What to do if a property survey is wrong?

If you believe a property survey is incorrect, first review the survey details and compare them with your property documents. Discuss the issue with the surveyor to seek clarification or correction. If the error significantly affects your property rights, you may need to consult a real estate attorney to explore your options, including potential legal action against the surveyor for negligence.

How to know if a land survey is accurate?

To determine if a land survey is accurate, check the credentials of the surveyor and ensure they follow state regulations. Review the survey's methodology and compare it with existing property records. You may also seek a second opinion from another licensed surveyor if you have concerns about the accuracy of the original survey.

What is the history of the rectangular survey system?

The rectangular survey system, also known as the Public Land Survey System (PLSS), was established in the late 18th century to systematically divide land in the United States. It was designed to facilitate land sales and settlement, using a grid of townships and sections. This method provides a standardized way to describe land parcels, which is still used today in many states.

What happens if a land survey is wrong?

If a land survey is wrong, it can lead to disputes over property boundaries and ownership. The affected party may seek to resolve the issue with the surveyor or take legal action if negligence is involved. It's important to address any discrepancies quickly to protect your property rights and avoid potential legal complications.

Which of the following is the type of survey made to establish a boundary line on the ground or to obtain data for constructing a map or plat showing a boundary line?

What is the acceptable error in land surveying?

The acceptable error in land surveying varies by state and the type of survey conducted. Generally, professional standards allow for minor discrepancies, often measured in fractions of an inch to a few feet, depending on the survey's purpose. It's important to consult state regulations or a licensed surveyor for specific guidelines.