Do we need another survey, land still not split years after probate

September 18th, 2018 by LegalWiz | Print Do we need another survey, land still not split years after probate



QUESTION: Dear Legal Wiz,

Hello,
I just googled and found your website, hopefully you are still in business.
My mom passed away some years ago and willed a piece of property to my 2 brothers and I. There are 2 houses on the property and it was to be divided into two. Half with 1 house, to me, the other half to my brothers. One of my brothers who looked after the property has since passed away, so his wife is now looking after the property. The will has been probate and the house is now in disrepair. 1. How can I get the title split with my name on my half?
2. The property was surveyed 20 years ago, is it necessary to do another?
3. What is the cost to do that?

Thank you so much. Looking forward to hearing from you.
Sanya

RESPONSE: Dear Sanya
Consider that surveys for land title purposes do expire after a few years. So yes another survey is needed. Or at thevery least a surveyors report to ensure the boundaries remain. Fees vary as per surveyor depending on location and size of property.
Legal Wiz

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The above does not constitute or replace professional legal advice.
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