Question about land survey

   / Question about land survey #43  
It pays to be nice....

A few years ago I found a truck parked outside our gate with a couple of guys. Not liking a couple of guys camped out on our land I stopped and had a chat. :)

Turned out they were surveying a line common to our land. It was easier for them to access the line from our side than the neighbors. I told them to pull on up our road past the gate if it would help. Then I told them about a couple of trails I built to get out to the property line. :thumbsup:

This property line has pipes already in the ground about every 300-400 feet and I have marked those pipes as best I can. But they were going to run down that line and connect the dots so to speak which was going to save me quite a bit of work. :D

After they were done I went back with the DR mower and the tractor and cleared out the property line quite a bit. Still have more work to do in order to put up a fence but at least the line is cleared, open and known. Saved me much work and/or money. :D

I wish they would come back and reblaze a couple of lines I have that are about 850 feet between pins. All through the woods and heavy brush. For free. :laughing:

Later,
Dan
 
   / Question about land survey #44  
Many states have "right of entry" for land surveyors. It says we can go on other peoples property to complete our survey. Say you can't find any of the property corners on the property you are surveying. How are you going to do the job unless you go on the adjoiners property?

As far as talking to the adjoiners, I gave up on that years ago. If someone comes out, I talk to them and tell them what we are doing. There are so many people gone during the day, some many land owners that live miles away from where I'm working, its not worth the time and expense. The only time I contact adjoiners is if I want to drive across their ground to look for corners, other wise I just walk.

Like I said, its against the law to pull survey markers. How would you feel if you paid for a survey, and then your neighbor pulled your stakes? It's no different than going over and slashing his tires. It can cost thousands of dollars to do a survey in rural areas, and would cost the owner money to reset the stakes.
I read in the KY statues that adjoining property owners are requireed to be notified by the surveyor or the landowner having the survey done.
 
   / Question about land survey #47  
I'm sure each state differs, but in Indiana there are certain official "State recognized and recorded" markers. These are not always close or easy to get to from your parcel. If you want a less expensive survey, a surveyor will take the survey of the nearest recorded parcel and go off of that survey. That's fine if that other survey is accurate. If not, neither survey is worth a hoot.

It cost me several thousand dollars to have an official state certified and registered survey done on my properties. On almost every occasion, I found that neighbors had encroached onto my property by anywhere from 18" to over 100'. In two instances neighbors spent thousands of dollars to prove me wrong only to discover that my survey was dead on and their new survey matched mine. In one case I gained a nice fence that was set 5' onto my property that was almost 600 feet long. I told them to leave it where it was. Since it was my fence, I would have put it there anyway to leave me room to access the other side for repairs etc.

What amazes me is after I have an official state recognized survey registered and recorded with our county recorder's office, the other land owner spent thousands only to find that the survey was correct, they still want to argue about the property lines. After acquiring several properties and dealing with such people, I tell them to please stop wasting their time, and mine, by talking to me about it. If they have a problem, spend another ten grand with another survey company to see if the first two companies are off or please just go away. In most of these instances, the adjoining property owner started mowing further and further over during the years and "in their mind" moved the property line. I don't know what to do in one case. Almost 24" of the side of his garage is on my property! I cannot imagine building something without a survey and, even then, pushing the boundaries. Legally, it looks like I'll have to have him move his garage since I'm not willing to sell off any of that parcel. I can't. It's exactly 2.5 acres and that is the bare minimum to build on and have a septic system. Even losing a tenth of an acre would make that lot nearly worthless. Oh well...
 
   / Question about land survey #48  
I don't know what to do in one case. Almost 24" of the side of his garage is on my property! I cannot imagine building something without a survey and, even then, pushing the boundaries. Legally, it looks like I'll have to have him move his garage since I'm not willing to sell off any of that parcel. I can't. It's exactly 2.5 acres and that is the bare minimum to build on and have a septic system. Even losing a tenth of an acre would make that lot nearly worthless. Oh well...

Maybe you could have the encroaching garage owner pay for a survey and re-deeding that would put a jog in your shared line. You give him space for the garage to be legal and he gives you enough to keep your lot buildable. A swap, so to speak.
Dave.
 
   / Question about land survey #49  
I'm sure each state differs, but in Indiana there are certain official "State recognized and recorded" markers. These are not always close or easy to get to from your parcel. If you want a less expensive survey, a surveyor will take the survey of the nearest recorded parcel and go off of that survey. That's fine if that other survey is accurate. If not, neither survey is worth a hoot.

It cost me several thousand dollars to have an official state certified and registered survey done on my properties. On almost every occasion, I found that neighbors had encroached onto my property by anywhere from 18" to over 100'. In two instances neighbors spent thousands of dollars to prove me wrong only to discover that my survey was dead on and their new survey matched mine. In one case I gained a nice fence that was set 5' onto my property that was almost 600 feet long. I told them to leave it where it was. Since it was my fence, I would have put it there anyway to leave me room to access the other side for repairs etc.

What amazes me is after I have an official state recognized survey registered and recorded with our county recorder's office, the other land owner spent thousands only to find that the survey was correct, they still want to argue about the property lines. After acquiring several properties and dealing with such people, I tell them to please stop wasting their time, and mine, by talking to me about it. If they have a problem, spend another ten grand with another survey company to see if the first two companies are off or please just go away. In most of these instances, the adjoining property owner started mowing further and further over during the years and "in their mind" moved the property line. I don't know what to do in one case. Almost 24" of the side of his garage is on my property! I cannot imagine building something without a survey and, even then, pushing the boundaries. Legally, it looks like I'll have to have him move his garage since I'm not willing to sell off any of that parcel. I can't. It's exactly 2.5 acres and that is the bare minimum to build on and have a septic system. Even losing a tenth of an acre would make that lot nearly worthless. Oh well...

If you have neighbors with a garage on your property, you may have already lost the battle. Depending on how long it has been there, your neighbor may have some rights to your land.

It sucks and I don't agree with it, but do a search on Trespass, Adverse Possession and Prescriptive Easements.
 
   / Question about land survey #50  
After my Grandparents passed away and my uncle sold their property one of the neighbors (another new purchaser) claimed that his legal description encompassed my grandparents former farm. Actually what had happened is that when the feds did the original survey over a hundred years ago two teams met at about my grandparents farm. Things being what they were at the time, the surveys didn't agree and there was some "overlap." No one cared for ninety years. The upshot was that old-timers, including my uncle and father who grew up on the place, were deposed that the traditionally agreed property lines were the tops of the ridges. The complainant lost his case and the old property lines stood. Kind of like having the neighbors garage on "your" property - really it is not yours but theirin.
Mf
 

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