cwrm4 Posted May 11, 2009 Share Posted May 11, 2009 I recently had a garage apt designed, engineered and permitted. When we started laying out the forms, nothing added up. It turns out that the survey the plans were based had the house in the wrong position on the lot (by 1.5 ft). Depending on whether or not I can slip the changes past the form inspector, I may have to have the plans redrawn, re-permitted, etc as the structure would be too close to the main house if built on the exact spot noted on the plans. (I will have to shorten the struture by a foot).The survey is stamped by a registered surveyor. Is he liable for any expenses I would occur due to errors on the survey? The survey used was six years old, but I asked the same survey company to refresh the survey prior to the design phase, and they told me I did not need to and the survey was OK as is. After I discovered the error, they came out (last week) and redid the survey. The new survey, stamped by the same guy, shows the house in the correct position (i.e., different from the original survey). Link to comment Share on other sites More sharing options...
Mr. Chenevert Posted May 11, 2009 Share Posted May 11, 2009 Was the original survey (the one in error) the one used when you bought the property?If so, you essentially signed off on any errors. Link to comment Share on other sites More sharing options...
RCH99 Posted May 11, 2009 Share Posted May 11, 2009 I recently had a garage apt designed, engineered and permitted. When we started laying out the forms, nothing added up. It turns out that the survey the plans were based had the house in the wrong position on the lot (by 1.5 ft). Depending on whether or not I can slip the changes past the form inspector,The survey is stamped by a registered surveyor. Is he liable for any expenses I would occur due to errors on the survey? The survey used was six years old, but I asked the same survey company to refresh the survey prior to the design phase, and they told me I did not need to and the survey was OK as is. After I discovered the error, they came out (last week) and redid the survey. The new survey, stamped by the same guy, shows the house in the correct position (i.e., different from the original survey)."whether or not you can slip the changes past the form inspector"....is probably not the best way to proceed. If the property is as tight as you describe, I would be very diligent about having a form survey done as soon as it is set. The problems you have now will pale in comparison, if you proceed with slab placement and then find you are encroaching, be it a building line, set back or an aerial easement. CenterPoint doesn't entertain variances like they used to.Surveying companies are typically fully covered by "errors and omission" insurance, if there are in fact damages incurred. I guess it would be most important to discover why the initial six year old survey was inaccurate, if indeed it was. Link to comment Share on other sites More sharing options...
cgallagher Posted May 12, 2009 Share Posted May 12, 2009 The form inspector does not check to see if the structure encroaches into the easement. The problem you will have, is that if you ever sell the home or take out a loan against the garage, a new survey may be required. If future surveys show that your structure is in an easement or across a building line, you may be in trouble.I would not repermit the drawings, but you can if you want to. I'm assuming this is in the city. Just take the new plans down to the permitting department and tell them you need to submit a plan change. It will probably only take an hour. They will not issue a new permit, they will charge a small fee and staple the new plans to the old plans. You may be able to go after the survey company. They do carry insurance. But if you just get them to refund your money, and just get the architect to redraw the plans, you'll probably break even. Link to comment Share on other sites More sharing options...
cwrm4 Posted May 12, 2009 Author Share Posted May 12, 2009 Thanks for the information. Just to be clear, nothing about the structure in relation to the lot lines or easements is changing. I've already Centerpoint confirm all is OK with the easements. The change is the distance between the front of the (detached) garage and the back of the house...they are too close now since the survey had shown too much distance between the back of the house and the back of the lot, and the plans were drawn that way.I think I will just go down the "plan change" route with the city. Link to comment Share on other sites More sharing options...
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