Question about land survey

   / Question about land survey #51  
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.

Nah, he just put it there about 3 years ago; a year before I bought my neighboring property. He's screwed. Most of my friends from college and several of my family members are attorneys. Contrary to popular belief, adverse possession is very difficult to pull off and it certainly takes more than 3 years. I bought the property from an elderly lady's estate. She had been bedridden there for the last 5 years. There is no chance she would have ever seen what the guy was doing. His first year attorney tried pulling that at the preliminary hearing and the judge almost laughed at him. That is also when the judge informed him that, where the property is, I cannot sell off any additional property. Her sons already sold off all they could from the original estate.
 
   / Question about land survey #52  
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.

My Grandfather owned some Lake front lots on Dale Hollow. Bought in the fifties. In the process of settling his estate 1 small lot was still left, however, a neighbor mistakenly built 1/2 their house on my Grandfather's Heirs lot. It went to court and all the 30 heirs got a $2200 check for the settlement from the encroaching builder. Now he owns the lot :) Ken Sweet
 
   / Question about land survey #53  
You should not have pulled the marker.
1* I would say in the future, don't pull the markers, most states have a law against it.
1*I know but it's hard to resist when you know it's over on your property .

2*I had a neighbor that pulled up a marker. He wishes now he had not. Nuf said :) Ken Sweet
2*How much did you cost him ?

3*I get different surveyer and get same piece surveyed couple years later,probably get a tad different results.
3*Happens all the time .

Like I said, its against the law to pull survey markers. 4*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
5*would cost the owner money to reset the stakes.
4*Just like I'd feel about a neighbor who had a survey with markers placed on my property where they didn't belong.
5*Why reset stakes that may well have been incorrectly set in the first place?

6*First, in our area it is illegal to move or tamper with a survey marker.
7*If I had paid for a survey and someone pulled up the pegs and flagging I would be a tad upset.
8*Guess who I would expect to pay for it to be resurveyed. :D
6*So whose survey is right and which one do we go by?
7*So you don't think I should be upset if your markers are over on my property?
8*And if it turns out you are still on my land who do you think should pay?

What ticks me off is with all the $ we pay at the closing, there is no warranty in even your property borders...
9*I hate to pay again to proof somebody (one of the survey cos) made an error.
10*If you are willing to spend $ you might get your property bigger (another survey)
9*You should never have to pay for more than one survey.
10*That could go the other way also .

they have caps on them or tags with the surveyors license number on them. If you pull these, its a problem.
11*I can't tell you the number of times people THINK they know where the boundary lines are.
This is often based on vague facts passed down from previous owners.
12*When someone gets a survey done, they are often upset when it doesn't match where they thought the boundary was.
13*People are often very emotional over there boundaries and can get very upset.
11*Having a deed and a survey is hardly vague facts passed down from previous owners.
12*They get even more upset when they all ready have a previous survey and deed that they have held for years.
13*Can't say as i blame them.

14*My limited experience over the years has shown me that "one surveyor rarely disagrees with another".
14*My experence has been just the opposite.
I bought 8 acers back in 1972 had it surved and got a deed for it.
10 years later 1982 I plotted it off into a sub division .
and i sold the entire 8 acres but the county came back and sent me a tax bill on .25 acres .
After 28 years of not owning the 8 acres I'm still getting billed for real estate taxes on .25 acres of land i don't have.
ANOTHER Example.
I had the 2.33 acres where I live surved back in the early 1970s.
Around the early to mid 80s A realitor bought the property that was to the rear of my property and turned it into a small 7 house subdivision.
The survorer scrwed up the boundery line between my property the subdivision and the neighbor to the right.
The worst part is the surveyor who did the subdivision is the same surveyor who did my place back in the early 1970s.

As you can see my experence shows that suveyors not only dissagree with each they can't even agree with themselves .
 
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   / Question about land survey #54  
As you can see my experence shows that suveyors not only dissagree with each they can't even agree with themselves .

Having said that, how are you positive those stakes you pulled were on your property? :)
 
   / Question about land survey #55  
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...

Near my land in NC there is someones shop that has the back wall all funny at about a 30deg angle to the sides...turns out he built over the line and had to cut off part of his shop to be all within his own land:p
 
   / Question about land survey #56  
It could be like that in my situation. The problem is a county ordnance that prohibits building so many feet from a property line. I've seen houses that literally touched each other in some neighborhoods. I suppose our county really ran into some major issues when one house (most of these homes are not exactly well built) started leaning into another, causing problems with the other house. Then the two go at it about who owns the house that is leaning. Generally, it seems that both lean into each other. Then what do you do?

As I mentioned earlier, I won't even put a fence right on a property line. I can't imagine building a home or garage right on a property line. How could you do so without trespassing on the neighbor's property just to build the structure? I know it gets really nasty. That's why I spend the extra money to get a large (well insured) and well respected company to do my survey and have the survey done from a state recognized and established point. I look at it as a "pay me now, or pay me later" deal when getting a survey.
 
   / Question about land survey #57  
I suppose our county really ran into some major issues when one house (most of these homes are not exactly well built) started leaning into another, causing problems with the other house. Then the two go at it about who owns the house that is leaning. Generally, it seems that both lean into each other. Then what do you do?

Call it a duplex & start sharing expenses :thumbsup:
 
   / Question about land survey #58  
L. Brown, all I can say is that a lot of your statements shouldn't be true, but at times are true. The one that bothers me is when people say, "surveyors don't agree with each other". This shouldn't be the case, but at times it is true.

I tell people if I disagree with another surveyor I will try and work it out to the point we agree. If we still don't agree, I tell them I will go to court on their behalf, and tell the judge why my answer is correct and convince him that I'm right. I have only had that happen once, and the judge saw my point of view and agreed with me. The sad part is this is a very expensive process.

Dargo, I always feel bad for people in your situation. Someone built a garage on your property, and it seems like it ends up costing you money. If you do go to court, I would ask for punitive damages because they didn't have a survey done. I have so many stories I could share, it might give you nightmares.
 
   / Question about land survey #59  
1*In a perfect world, all surveyors would come up with the same location for your corner.

2*It isn't a perfect world, so sometimes we disagree.

3*but the metal stake in the ground should be left alone.
1*____________

2*And when ya don't it turns into a REAL P I T A for the property owners.

3*But It's real hard to leave it when you know very well it is on your property.
 
   / Question about land survey #60  
Having said that, how are you positive those stakes you pulled were on your property? :)
Because of my survey and deed made up when i purchased my property.

L. Brown, all I can say is that a lot of your statements shouldn't be true, but at times are true.
1*The one that bothers me is when people say, "surveyors don't agree with each other".
2*This shouldn't be the case, but at times it is true.
I tell people if I disagree with another surveyor I will try and work it out to the point we agree.
3*If we still don't agree, I tell them I will go to court on their behalf, and tell the judge why my answer is correct and convince him that I'm right. I have only had that happen once, and the judge saw my point of view and agreed with me.
4*The sad part is this is a very expensive process.
5*I have so many stories I could share, it might give you nightmares.

1*Yep that's a bad one that creates big problems for property owners.
2*----------------
3*&4* A property owner should never have to constantaly have to prove his ownership .
I thought that's why he has a deed and his survey .
5*I don't doubt that a bit.
 

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