In this video, Land Partition Attorney Philip Hundl talks about why the court might order a survey in a land partition case. Call 800-266-4870 or text 979-320-9320 for an appointment with Philip.
His law firm, Land Rights Law, PLLC, is located in Wharton County, but he helps landowners all over the state. You can meet with Philip in person, online or by phone.
Summary of How to Use a Survey in a Land Partition Case
Hi, I’m Philip Hundl, and I’m an attorney in Texas. My practice focuses on representing landowners involved with land partition matters and also facing condemnation proceedings.
We’ve been talking a lot about partitions. So I want to keep rolling on this series of videos and let’s talk about surveyors. At the first trial, sometimes the court will appoint a surveyor and sometimes it’s necessary and sometimes it’s not necessary.
When A Survey Might Be Necessary
It would be necessary when there’s not a good survey on the property. There may be disputes about how many acres are on the property. Perhaps the property has been in the family for a long, long time. So the question is, what exactly are we looking at it here to divide up?
The special commissioners appointed at the first trial need a good survey to work off of. So if necessary and requested by the special commissioners, the court will often appoint a surveyor to survey the property.
That survey is extremely important because it will include things that the special commissioners need to take into consideration, like pipeline, power line or other easements. Power line easements should be obvious, but access easements that other third parties may have would not be obvious. So that survey is going to be very helpful for the special commissioners. So the court often orders a survey.
What Happens If There’s Disagreement
The next question is, what if a party disagrees with the survey? We’ve had that situation before or the surveyor didn’t do all the things that we think the court instructed him to do. And so a party can object to the survey and state why they disagree with the survey. Then hopefully the survey or surveyor will correct the survey.
But I’ve had hearings where there was a disagreement over whether the survey was done properly before the special commissioners started deliberating or reviewing the land. So the special commissioners didn’t have a survey to work off of.
Carefully Review Any Survey
So always pay attention to that. Once the surveyor has generated the survey, really pay attention and take a look at it and make sure it accurately reflects what’s going on with the land. Good luck.
Get An Experienced Legal Guide In Your Partition Case
Call 800-266-4870 or text 979-320-9320 for an experienced legal guide to help you through your Texas land partition case. Cases involving the division or undivided interests are often complex. You need the guidance of a lawyer with years of experience in Texas land partition.
