Is it Illegal to....

[Carld]

As far as river boundaries go in Mo. there is two places by Columbus Ky that land on the Missouri side is part of Ky. and I think that Wolf Island is part of Ky also. There is Sisters Island in Thompsons bend that used to be farmed by my father-in-law that is part of Ill. but lays on the bank of Mo. and part of Thompsons bend in Mo is claimed by Ill. It creats problems when hunting or fishing in the area. I guess you could call it a hunting/fishing trap rather than a speeding trap. The conservation agents love it.

 

[Dusty]

Any deed I've had or seen the starting point was always an iron pin in the center of the road.

If the iron pin is in the center of the road, what happens when the snow plows hit them?

 

[zeuspaul]

Good survey monuments in streets should be below grade and tied to other monuments with angles and distances. If they are lost or disturbed they are reset. Sometimes there are nearby ties. Or they can be reset based on adjacent monuments and survey records.

The description to my property (simplified)*commences* about 2 miles from the *true point of beginning*. It is a VERY long description starting at a street intersection two miles from the property. It follows along the street around many curves before it gets to the beginning of my property and then continues on to describe my property. If the closest monument (pin or other) were lost then you just go back to a previous one to reset the last one.

Zeuspaul

 

[dmccarty]

So if you know and do nothing, after 7 years, you lose. If you are unaware, then you don't lose your land?
Bob

Bob,

One of us is reading the append incorrectly.

The way I read it is that Adverse is Adverse. I you put your fence on my land, I tell you to move it, you don't and I don't make a legal move to have the fence removed then the land would be yours after seven years.

The Adverse means the taking has to be known and obvious.

Thus the statement that if there where pins then how would you or I know that the fence was on my land? That is not Adverse. If you put the fence on my land in 1990 and in 2006 I surveyed the line and discovered the fence was over the line, the seven year clock starts in 2006. Not 1990.

But all of this is state dependent. I have heard of it happening in NC though.

Later,
Da

 

[RobJ]

You click on Parcels on the right, then the little I on the top, then click on the parcel you are interested in and it gives all (well I think it is all) the relevant information.

I think they do it that way so it is not so "busy" when you are looking at it.

Oh yes I get it now...about the same info as Harris county.

 

[RobJ]

Here is some real meets and bounds form my place. rods, trees, etc. If the rod is gone or the tree is removed, doesn't mean my place got smaller. the still have the direction and distance to do over.

THENCE in a Southeasterly direction generally with a fence and across the said 5.59-acre tract, as follows:
South 24 deg 28’ 00” East a distance of 77.38 feet, a 12 inch Post Oak,
South 33 deg 55’ 12” East a distance of 115.23 feet, a 14 inch Post Oak, and
South 18 deg 34’ 43” East a distance of 139.76 feet to a set ½ inch rebar for the corner in the Southwest line of the said 5.59-acre tract in the center of the old public road and in the Northeast line of a 31.00-acre tract recorded in volume.....

 

[Dusty]

I owned a parcel in NH that was described in an old deed as from the snow pile to the rock pile to the big oak tree, etc. never did find out exactly where all the boundaries were, because I didn't pay much for the land, and sold it a few years later. The real estate broker had sold that land many times before to "investors". After you owned it for a few years, she would come to you with an offer from another client that was willing to give you a good profit based on what you paid. In my case, I paid about $800 and 3 years later, it sold for $1500. Taxes were about $15 for the 3 years, so I took my profits and ran. That was back in 1965... I wonder what it is worth today, and if anyone ever figured out exactly where the boundaries were.

 

[MikePA]

If the iron pin is in the center of the road, what happens when the snow plows hit them?

We never set iron pins in the road. Odds are the deeds being referred to were done back when there were dirt roads. We did set iron pins other plces but never in a road. We used a large tack, almost like a roofing nail only with a larger, thicker head. We also folded, colored plastic ribbon under the head so it was easy to see. We set them almost flush with the road surface so they wouldn't be hit by a plow. More importantly, we set an offset stake at the road right of way. This way people knew where their 'real' property line was and where their 'practical' property line was.

 

[AndyM]

More importantly, we set an offset stake at the road right of way. This way people knew where their 'real' property line was and where their 'practical' property line was.

My pins are at the right of way. The actual road is another ten feet away.

I live on the county line, and the main cross road is about 500 feet away.
The main iron pipe is set off to the edge of the intersection, on the corner of the property there. It is surrounded by concrete so it can't be moved, and has a plastics marker three feet high showing where it is if you are looking for it. This is what they use for the starting point on the deeds here.

 

[Jstpssng]

I owned a parcel in NH that was described in an old deed as from the snow pile to the rock pile to the big oak tree, etc. never did find out exactly where all the boundaries were, because I didn't pay much for the land, and sold it a few years later. The real estate broker had sold that land many times before to "investors". After you owned it for a few years, she would come to you with an offer from another client that was willing to give you a good profit based on what you paid. In my case, I paid about $800 and 3 years later, it sold for $1500. Taxes were about $15 for the 3 years, so I took my profits and ran. That was back in 1965... I wonder what it is worth today, and if anyone ever figured out exactly where the boundaries were.

A deed which i read years ago stated "... thence to the spot where the old cow lies down in the afternoon..."

Perhaps your deed was written back in the last Ice Age?

 

[LBrown59]

An interesting side to this story is a fact that no two surveyors may agree on the same spot.

.

Not only that but the same surveyor may not even agree with himself!

 

[Dusty]

Not only that but the same surveyor may not even agree with himself!

Do you always agree with your self?

 

[LBrown59]

Do you always agree with your self?

When you're always right there is no other choice.

 

[PineRidge]

Is it Illegal to.... ....remove a land boundary survey marker?

I'm really not sure,,,,,, But I'm getting ready to start an auction for 42 used land boundary survey markers that I picked up for next to nothing.

 

[dmccarty]

Do you always agree with your self?

Depends on which self I'm talking too. Sometimes yes, sometimes no.




Later,
Dan

 

[Dusty]

When you're always right there is no other choice.

Living with a person that is always perfect and never makes any mistakes is very difficult. You must have a very difficult time living with yourself.

 

[twarr1]

What's all this talk about steel markers? One of my surveys says;

"...SE 1000 varas to a pile of rocks on the brow of a hill for a corner, thense N 45 E, 905 varas from whence a mesquite bears N to a post oak..."

I kid you not. I've not found one of these "markers". Think it's time to get it updated?

 

[Bird]

And I had to look up that word "vara" in the Merriam-Webster Dictionary

a Texas unit of length equal to 33.33 inches (84.66 centimeters)

. I didn't even know us Texans had our own unit of length.

 

[twarr1]

And I had to look up that word "vara" in the Merriam-Webster Dictionary . I didn't even know us Texans had our own unit of length.

Well kinda, we inherited it from Spain via Mexico. The Republic made it official at 33.3 ". The Spanish version was 32.8 something. So as far as I know, Texas is the only place that has a vara that = 33.3". They still don't have it all the conversions figured out in far west Texas.

 

[gemini5362]

I think the common law principle you're referring to is called "adverse possession". As I understand it, if one possesses what is legally another person's real estate for a continuous period of 21 years, and the owner has taken no action during that period to assert his property rights, then the person that maintained possession for 21 years would have "adverse possession" as a defense should the owner seek to assert his property rights in the future.

Without going through all of the posts. I happen to know something about this subject since I have access to a real estate attorney. Various states are going to have various laws. Keep in mind though that in some states and in this post the term used is adverse possession. To have adverse possesion you have to adversely posess it which means the owner has to know that you are doing that and you have done it against the owners wishes.