Successful defense of land surveyor in property line dispute.
We were successful in having a land surveyor dismissed on preliminary objections on the grounds of lack of privity with the plaintiff. The litigation involved a property line dispute between two neighbors. The neighbor who retained our client to conduct a survey relied upon that survey and proceeded to tear out a portion of his neighbor's property to expand his own driveway. The survey miscalculated the boundary line by 12 inches. The neighbor whose property was infringed upon sued the other neighbor and the surveyor. The basis for the preliminary objections was that there was no contractual privity between the adversely affected neighbor and the surveyor. Rather than attempt to amend the complaint to assert a Bilt-Rite negligent misrepresentation claim against the surveyor, the plaintiff voluntarily discontinued the action as against the surveyor. The neighbor that retained the surveyor failed to attempt to keep the surveyor in the case.