'Inaccurate and incomplete' survey of Galveston property causes couple to file suit

John Suayan, Galveston Bureau Apr. 11, 2013, 9:01am

GALVESTON - An "inaccurate and incomplete" survey of their Galveston property has prompted David and Michelle Bricker to pursue legal action. 

A lawsuit filed April 3 in Galveston County District Court alleges Precision Surveyors Inc. reported to the Brickers that the subject property is free of any encroachments.

The plaintiffs say they relied on the information to purchase the lot in question in the Pirates Cove subdivision, but a post-closing visit to the property led them to discover an encroachment along its southeast line that is apparently "visible by any layman let alone an expert."

Precision Surveyors was summoned again to conduct a second survey, which, according to the original petition, "shows the encroachment of a wood deck structure onto the plaintiffs' property from the adjacent Lot 20."

"The plaintiffs are forced to address the issue with their neighbors," the suit says.

It faults the defendant for not satisfying contractual terms and falsely representing that its services were "of a particular quality and would be accurate by the affirmation of fact, promise or description."

Consequently, the complainants seek unspecified monetary damages.

They are represented by attorney Darla C. Carlisle of Weycer Kaplan Pulaski & Zuber PC in Houston.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 13-CV-502

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