by Dirtman » Tue Sep 05, 2006 6:26 am
Hi Mary:
You need a copy of the original survey. Subdivision maps usually don't have all the information needed to correctly calculate square footage / acreage. The actual survey will have all the bearings, distances and curve data needed.
Ask the developer for a copy of the complete subdivision survey and any amendments. If they have nothing to hide, they should give you one although refusing will not mean they're actually guilty of being unscrupulous.
If they refuse, you can call the surveyor of record listed on the subdivision map. You may be able to purchase a copy of the survey, with any amendments, seeing that you have property in the subdivision they surveyed. I doubt they'll recalculate any acreage but they should be able to tell you the original acreage or square feet of any roads in question.
Another option would be the county, city or other entity that the roads in the subdivision may have been dedicated to. If that was done, they will have the acreage for you.
The most accurate way would be to have the road surveyed by a third party boundary surveyor. Of course, if they’re calculations match the original survey and subsequent amendments, you would be out the money.
If I were you, I would try to get other interested parties involved and talk to an attorney that specializes in property law. If you retain one, everyone could contribute to the cost (although that's harder to actually do than to type). An attorney will know the best course of action in the state and locale you are in.
Again, good luck to you,
George