Sometimes it's worth it to hire a land surveyor

[CalG]

Just to add to the misery..

My little parcel is laid out Meets and bounds on three sides. but the north side line is a compass direction.

It was laid with a compass. and all the declination add on's associated.

The town map / deed map. uses "true North, not magnetic North.

There are a couple of lillies planted at each end of the line to mark the line my neighbor John and I have agreed on. ;-)

Won't hold in a court of law, but works for us!

ps

I sat as selectman in our small town for two terms. Land and lines can be a big division between friends, family and neighbors.

 

[two_bit_score]

I get a survey in my name on everything I buy and make it a contingent in the contract that I must be satisfied with the survey.

The only parcel that doesn’t have a survey done at the time I acquired the property is the “old home place”. That was last surveyed in the 1920’s.

I did learn from the mistakes of others. Doesn’t mean I won’t have a problem somewhere, sometime. Just, hopefully, lessens the risk.

 

[Jstpssng]

In cases where there are going to be improvements- especially buildings- anyplace near the lines I wouldn't even consider proceeding without good monumentation. My cousin had an abutter drill a well on his side of the line. He only has 4 acres, they have less than that.
I know of a case in South Portland years ago where they were building a McMansion and when it came time to refinance to pay off the construction loan, the mortgage inspection determined that the house was 11 inches too close to the property line. They applied for a variance but one of the abutter's wouldn't sign off on it so they had to move the building. When working close tolerances like that it would be cheap money to have the foundation laid out by a pro.

 

[RalphVa]

We're good on the right. That neighbor is a naked gardener like me. We know the liine +/- 10 feet. That's the easement for maintenance anyway.

Neighbor to the left is a pissant territorial rat. Had stakes put in about every 75 to 100 ft down the line. Neighbor on the other side removed them! I planted shrubs on my side of the stakes. Asked him whether he wanted me to mow for the Jap stilt grass down the back hill. "No, don't want your tractor on my land!" So, the wife started lining up logs along the line to keep my tractor off his precious land.

He cut our phone line in 2 places while planting trees. Phone company came out to run a new line. He stood on his land and declared HE did not have an easement. We looked it up. It's 10 ft +/- for utility and drainage easement state wide and likely country wide. Phone company later came out and figure out how to run a new line just on our property.

 

[fried1765]

I am very nervous of my situation. distances weren’t adding up after buying my lot two miles down a dirt road. The surveyors came and the corner on the intersection is actually in the center of the roadway. It is a dirt road. The lot was treed and during the course of the last 5 years I cleared the lot enough to install the driveway, build a house/garage. I piled my wood down there, trailer, tractor etc as often I could not turn or needed space for cement-trucks further up the driveway etc. I had to put a pickup load of wood down on the corner, which was on the edge of the road way but maybe 6-8 feet from one side of my boundary and maybe 25 feet inside my other boundary being on a corner. They sent me an email last summer and said someone was having issues with wood but at a different lot number. a Lot that doesn’t exist in there. My thoughts were, well you should find out what lot their really talking about and if it is mine I can accommodate . But I didn’t. I just said any wood I had was inside my boundary’s and that I wasn’t planning to leave it there over the winter. This was in the summer. The next morning I go out there and they bull dozed it into the ditch. I was planning to put a street lamp at least out A little further to prevent more migration of the turn. However yesterday they spread recycled asphalt around the turn It use to be a logging road turned cottAge area. The logging company had a “right of way” designated for a the Road and is exceptionally wide. I’m thinking 60 feet or more. Yet the road which is approx 30 feet wide leaves the right of way and crosses my corner. My survey clearly shows the narrow road, leave the wide right of way on paper. I also showed this to the husband of the recently elected president of the road association last year. He assumed it was half the road on my lot, half the road on the other lot across from me. But I showed him that no, it’s a right of way that separates me from the guy across the lot and at that corner it’s exceptionally wide. Despite the road only being 30 feet or so.

From your sketch it would appear that you own to the center of the roadway (layout), but you likely do not have a right to block that roadway/layout.

Where in Nfld. are you?
I was a USN pilot stationed at Argentia in the mid 60's.
I have great memories of my Nfld. days.
The Trans-Canada highway was still gravel from Gander to Corner Brook.

 

[two_bit_score]

From your sketch it would appear that you own to the center of the roadway (layout), but you likely do not have a right to block that roadway/layout.

If it’s an old county road the survey probably would put the property line somewhere in the road. No, he cannot block the road. Yes he still pays tax on the portion in the road.

 

[fried1765]

If it’s an old county road the survey probably would put the property line somewhere in the road. No, he cannot block the road. Yes he still pays tax on the portion in the road.

I did not suggest otherwise!

 

[Jstpssng]

Please keep in mind that he's in Canada so different rules may apply... just as they do from state to state.

 

[FTG-05]

I am very nervous of my situation. distances weren’t adding up after buying my lot two miles down a dirt road. The surveyors came and the corner on the intersection is actually in the center of the roadway. It is a dirt road. The lot was treed and during the course of the last 5 years I cleared the lot enough to install the driveway, build a house/garage. I piled my wood down there, trailer, tractor etc as often I could not turn or needed space for cement-trucks further up the driveway etc. I had to put a pickup load of wood down on the corner, which was on the edge of the road way but maybe 6-8 feet from one side of my boundary and maybe 25 feet inside my other boundary being on a corner. They sent me an email last summer and said someone was having issues with wood but at a different lot number. a Lot that doesn’t exist in there. My thoughts were, well you should find out what lot their really talking about and if it is mine I can accommodate . But I didn’t. I just said any wood I had was inside my boundary’s and that I wasn’t planning to leave it there over the winter. This was in the summer. The next morning I go out there and they bull dozed it into the ditch. I was planning to put a street lamp at least out A little further to prevent more migration of the turn. However yesterday they spread recycled asphalt around the turn It use to be a logging road turned cottAge area. The logging company had a “right of way” designated for a the Road and is exceptionally wide. I’m thinking 60 feet or more. Yet the road which is approx 30 feet wide leaves the right of way and crosses my corner. My survey clearly shows the narrow road, leave the wide right of way on paper. I also showed this to the husband of the recently elected president of the road association last year. He assumed it was half the road on my lot, half the road on the other lot across from me. But I showed him that no, it’s a right of way that separates me from the guy across the lot and at that corner it’s exceptionally wide. Despite the road only being 30 feet or so.

Here's your problem:

Definition of PARAGRAPH

a subdivision of a written composition that consists of one or more sentences, deals with one point or gives the words of one speaker, and begins on a new usually indented line; a short composition or note that is complete in one paragraph… See the full definition

www.merriam-webster.com

 

[ranger danger]

I believe a survey is a good idea. I bought 14.37 acres 5 years ago with the idea of building my retirement home there. I looked into hiring a surveyor and found out what they cost. My place is essentially a square, gently sloping and heavily forested. I have neighbors bordering on all sides whose properties have all been surveyed. $40k-$50k to survey my property!!!!!

 

[Steppenwolfe]

We're good on the right. That neighbor is a naked gardener like me. We know the liine +/- 10 feet. That's the easement for maintenance anyway.

Neighbor to the left is a pissant territorial rat. Had stakes put in about every 75 to 100 ft down the line. Neighbor on the other side removed them! I planted shrubs on my side of the stakes. Asked him whether he wanted me to mow for the Jap stilt grass down the back hill. "No, don't want your tractor on my land!" So, the wife started lining up logs along the line to keep my tractor off his precious land.

He cut our phone line in 2 places while planting trees. Phone company came out to run a new line. He stood on his land and declared HE did not have an easement. We looked it up. It's 10 ft +/- for utility and drainage easement state wide and likely country wide. Phone company later came out and figure out how to run a new line just on our property.

I had our 95 acres surveyed and t posts put in every 150 ft between corners; then filed at the courthouse. It's my land, I bought it; nothing territorial about it. I even had one guy move a storage shed he had built on my land behind his house.

 

[bigtiller]

My friend bought an old house with a detached garage. The neighbor had the same set-up. The garages were about 10ft apart. The neighbor wanted to build a new, bigger garage and told my friend that his garage was over the line by 2ft. He then started making a big stink about it.

So my friend hires a surveyor and found out the neighbor had it backwards. The neighbor garage was 2ft over the line.

The neighbor went from tool to suck-up real fast.

 

[Jstpssng]

^^^^
While doing mortgage loan inspections years ago I saw the same thing... except that it was a camp which had been winterized as a house.
The old survey even showed the line going through the building.
The owners were trying to refinance to prevent foreclosure. I'm not sure what ever came out of it.

 

[VroomVroom]

From your sketch it would appear that you own to the center of the roadway (layout), but you likely do not have a right to block that roadway/layout.

Where in Nfld. are you?
I was a USN pilot stationed at Argentia in the mid 60's.
I have great memories of my Nfld. days.
The Trans-Canada highway was still gravel from Gander to Corner Brook.

I’m in corner brook area at the moment. But originally further towards the south west corner. Yes Argentina use to be the base. How does that work I wonder. I can’t block it, that’s fine. But can I use it. Can they tell me to move off of it like you see in the pic. I bought land and now part of it is taken already

 

[yanmars]

ranger danger: That price seems huge but I do not know what they are up to. I had an irregular 153 acres surveyed that also needed to follow the winding river. Had many markers put down etc. That was a couple of years ago, about $2000 I think.

 

[ranger danger]

I'm in northern Ca surrounded by residents with from 1 to 3 acre parcels. I have 15 corner markers. I know where 9 of them are. I'd kill to get a survey done for $2 grand!!!

 

[Jstpssng]

You can buy 14 acres here for 40-50K... but you know the 3 things which make it valuable.

 

[sandman2234]

I was told by my 87 year old neighbor, a few years after her husband passed away, that the ditch they dug was on the property line. I told her that the stake from when I had the place surveyed in 1999 was at the base of that pine tree. She said, nope, it is right about here... pointing to the ground. I called a friend of mine who does a little surveying for a living. He came out, and sure enough that stake was right where the 87 year old Lady said it was. Dang I really hate to be wrong, lol!
My backyard fence is about 3 foot over on the property line on the other side. When the new neighbors cleared the property, I offered to buy that 3 foot, but "it's not for sale"! Now there are 3 trees right up against the power line and cable line that are dead. The cost to have those 3 removed will probably exceed the value of the 3 feet of property.
David from jax

 

[two_bit_score]

What would cause you to be concerned or unsatisfied with a survey? If you were not satisfied, does it need to be done over or do surveys only come with tailight warranty? It would seem that a false survey could create an extremely messy legal situation.

Encroachments could be uncovered. Or there may be setback requirements that are disclosed with the survey that limit what you could build and where. A lot of things could be turned up when a good survey is done.

I am amazed at the number of people who but property and don’t get a survey.

I am aware of one situation where a House was over the line several feet and another where a swimming pool had been built with half of it on the adjoining property.

I would want to resolve those things before I bought it and not be locked into taking a parcel with severe encroachments.

 

[dodge man]

Around here more than 95% of property gets bought and sold without a survey. Commercial might be the exception.