Instead of being able to choose your neighbors or get "neighbor insurance," it's better to choose your land surveyor. Then you will understand the full significance of Cervantes' words: "those two fatal words: mine, yours..."
Some people wonder when they buy a building if they should inquire about a new certificate of location, even if the seller's is recent. Before answering this question, let me tell you a story.
In 1940, a municipality buys a plot of land from a farmer. Fifteen years later, the farmer sells the remainder of his land to a company so that they can establish a ski center. In 1976, this company sells the ski center to a second company. The notary executing the deed attaches to it a plan from a surveyor whose services were retained by the second company.
In 1982, the municipality returns the plot of land to the farmer's heirs that it had acquired from him. After acquiring it, the heirs inform the second company that there are six ski slopes crossing their plot of land. In the meantime, the second company sells the ski center to a limited partnership whose general partner is the main shareholder of the second company. The limited partnership files a lawsuit, among other things, against the surveyor.
The Court* dismisses the action against the surveyor, although the latter did not act with due care and diligence and failed to meet the duty of care that he owed "by using all reasonable means to identify the boundaries of the property". The Court justifies its decision by stating that there is no contractual relationship between the surveyor and the limited partnership and that nothing in the situation allows for the conclusion that the surveyor knew that his plan would be used by someone other than the second company.
When a person buys a building, it is preferable for them to request a new certificate of location and to receive the accompanying opinion. In the absence of being able to choose your neighbors or obtain "neighbor insurance", it is better to choose your surveyor. You will then understand the full meaning of Cervantes' words: "those two fatal words: mine, yours..."
* C.A. 500-09-005035-977
