Yes, I think this goes back to the title company or the appraiser. 
Whenever I've sold a home, they have to look for the surveyors pins, 
and if they can't find them, then I've had to pay to have them set.

My friend in Hawaii bought a home and was told before the purchase 
that the people next door had put a retaining wall 2 feet inside her 
propertyline, and then built a driveway on top of it. Since this was 
disclosed to her before the purchase, she contacted the neighbor who 
was in the process of selling their property to discuss a solution. 
When the neighbor sold the property a few days later, the new buyer 
was not told about the problem, however they were still responsible. 
After much discussion, the legal opinion was that the neighbor needed 
to move the retaining wall. The outcome was that they took down the 
existing wall and put up a new one 2 feet back. My friend chose to 
participate in paying one quarter of the cost of the rock wall 
because it was a much nicer wall than had been there before and would 
raise her property value in the end, and it was a step toward getting 
along with her new neighbors.
Betsy


At 03:37 PM 1/7/2010, you wrote:
>If your Daughter use a realist ate agent when purchasing this property, they
>should have had the place appraised, and this guy or gal should have seen
>the extra footage when checking out the city or county records.  All of this
>should have happened  during escarole.
>The title search should  have picked this up too.  Your Daughter may have a
>liability claim against the broker depending on your state law.  Good luck
>
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