DennisArrow
Platinum Member
- Joined
- Jul 4, 2003
- Messages
- 770
- Location
- Sugar Valley, Ga
- Tractor
- Iseki TL 2300, Kubota RTV, Kubota B7610
Awhile back I brought up about putting a gate on a private gravel road that several of us use. At the end of the thread, the situation developed that I was able to purchase 10 acres above me, that also used the private road (the very end of it) but; in addition had it's own PAVED road that can easily be tapped into from my existing property for my sole use. Fantastic!!! I don't need to maintain the gravel road, can actually put a cable across it to shut it down for security reasons, (I am the last house that uses the road and the adjacent property owners have no problem if they have a key), and will have my OWN PRIVATE ROAD.
Great stuff. The land itself is virgin forest of Oak and Hickory and other southern hardwoods, is on top of a hill with a great view of the surrounding mountains and forest, and oh yes, did I say has a PRIVATE PAVED ROAD.
The ol fella who owns it is from one of the original families here in NW Ga. They acquired this land, 800 acres, in 1843 after the Cherokee were pushed out. Slowly but surely he has sold off pieces in the last 20 years and this 10 acres is the last of it.
The lay of the land is:
To the south is my current 10 acres.
To the east is a state highway which will give me a total of 2000 feet of highway frontage.
To the west is private land on a very steep hillside, county land, and national forest. Due to the nature of the land, wetlands, and steep hillside, I feel this will never be developed. So to the west and NW there is nothing between me and Chicago.
The NORTH side is a different matter. The county since back in the 40's has a chert mine (quarry) Chert is compacted limestone with a high iron content. Flint......Their acreage at the sight is perhaps 10 acres, comes under state EPA control (their EPA permit is heavily monitored by the State due to local neighbors input). There is no blasting, ore is moved with a bulldozer more or less carving away at a hillside, and is leaving a contoured 2/1 slope that will be restored with grasslands. Forecast for the useage is for another 8 to 10 years. The ol boy that I am buying the 10 acres from had his own private chert mine just adjacent to the County's. That is the purpose of the paved road to the top of the mountain. He gave this to the county a few years ago and the county has merged it into their operation.
OK, the problem. Yes, the mine's property line goes totally along my (not actually MINE yet; but am calling it that because the financing, closing, and deed exchange will happen in the next few days) northern property line. Actually though, due to permit and land useage restraints the land is only "mined" for 200 or so yards from the NW corner going towards the east. IT IS HERE THAT THERE IS A PROBLEM.
When the PO (previous owner, the old guy) gave the county the land there was a good survey done with markers placed. The county promptly developed 4 foot high berms along the edge of their mining operation to keep folks from driving into it. You know how drunks and good ol boys are, another story. In creating this berm the stake at the NW corner was moved to the south 100 feet, giving them a pie shaped piece of land for 100 yards or so that encroaches upon my land. Their permit requires them to have a 50' buffer of undisturbed vegation, soil, etc from their property line. Their dozer operator, in this 100 yards, disregarded the buffer and came on into my land to remove a stand a trees and work the slopes to create the berms.
We did a survey yesterday and it is obvious what has happened. The stake at the NW corner WAS MOVED, the buffer ignored, and a 4' berm 100 yards in length was created on my land! So, what to do?
My wife, surveyor, PO, and my thinking says that the berm is now mine. I can use the chert for fill to cross a gulley in developing the previously mentioned extention of the road onto my current property and on up to my house. Is it MY chert/fill?
Do I just wait until the deal closes and then put up a temporary fence with posting upon it that THIS IS THE PROPERTY LINE. I really dont want to say anything until the deal actually closes and the deed is filed to prevent the county from filing some kind of court situation.
I do plan to call the county and ask for the road/mine superintendant to come out for a meeting to discuss what their remedy will be; but in the past have found that these folks feel they can do whatever they please so am not real enthusiastic about a positive outcome of this discussion. They were supposed to have been replanting the exposed slope for the last 2 years and as yet nothing has been done. Do I use the encroachment as leverage for them to actually do something?
Yes, I plan to get the state involved about the buffer being ignored and lack of action about restoraration. Perhaps they will have suggestions.
What to do with marking the property line so it will be obvious and not ignored, is the chert berm mine and therefore I can do with it as I please, and do they owe me anything for the trees, soil, and other damages or does this only apply to the previous owner?
Thanks guys..........God bless.............Dennis
Great stuff. The land itself is virgin forest of Oak and Hickory and other southern hardwoods, is on top of a hill with a great view of the surrounding mountains and forest, and oh yes, did I say has a PRIVATE PAVED ROAD.
The ol fella who owns it is from one of the original families here in NW Ga. They acquired this land, 800 acres, in 1843 after the Cherokee were pushed out. Slowly but surely he has sold off pieces in the last 20 years and this 10 acres is the last of it.
The lay of the land is:
To the south is my current 10 acres.
To the east is a state highway which will give me a total of 2000 feet of highway frontage.
To the west is private land on a very steep hillside, county land, and national forest. Due to the nature of the land, wetlands, and steep hillside, I feel this will never be developed. So to the west and NW there is nothing between me and Chicago.
The NORTH side is a different matter. The county since back in the 40's has a chert mine (quarry) Chert is compacted limestone with a high iron content. Flint......Their acreage at the sight is perhaps 10 acres, comes under state EPA control (their EPA permit is heavily monitored by the State due to local neighbors input). There is no blasting, ore is moved with a bulldozer more or less carving away at a hillside, and is leaving a contoured 2/1 slope that will be restored with grasslands. Forecast for the useage is for another 8 to 10 years. The ol boy that I am buying the 10 acres from had his own private chert mine just adjacent to the County's. That is the purpose of the paved road to the top of the mountain. He gave this to the county a few years ago and the county has merged it into their operation.
OK, the problem. Yes, the mine's property line goes totally along my (not actually MINE yet; but am calling it that because the financing, closing, and deed exchange will happen in the next few days) northern property line. Actually though, due to permit and land useage restraints the land is only "mined" for 200 or so yards from the NW corner going towards the east. IT IS HERE THAT THERE IS A PROBLEM.
When the PO (previous owner, the old guy) gave the county the land there was a good survey done with markers placed. The county promptly developed 4 foot high berms along the edge of their mining operation to keep folks from driving into it. You know how drunks and good ol boys are, another story. In creating this berm the stake at the NW corner was moved to the south 100 feet, giving them a pie shaped piece of land for 100 yards or so that encroaches upon my land. Their permit requires them to have a 50' buffer of undisturbed vegation, soil, etc from their property line. Their dozer operator, in this 100 yards, disregarded the buffer and came on into my land to remove a stand a trees and work the slopes to create the berms.
We did a survey yesterday and it is obvious what has happened. The stake at the NW corner WAS MOVED, the buffer ignored, and a 4' berm 100 yards in length was created on my land! So, what to do?
My wife, surveyor, PO, and my thinking says that the berm is now mine. I can use the chert for fill to cross a gulley in developing the previously mentioned extention of the road onto my current property and on up to my house. Is it MY chert/fill?
Do I just wait until the deal closes and then put up a temporary fence with posting upon it that THIS IS THE PROPERTY LINE. I really dont want to say anything until the deal actually closes and the deed is filed to prevent the county from filing some kind of court situation.
I do plan to call the county and ask for the road/mine superintendant to come out for a meeting to discuss what their remedy will be; but in the past have found that these folks feel they can do whatever they please so am not real enthusiastic about a positive outcome of this discussion. They were supposed to have been replanting the exposed slope for the last 2 years and as yet nothing has been done. Do I use the encroachment as leverage for them to actually do something?
Yes, I plan to get the state involved about the buffer being ignored and lack of action about restoraration. Perhaps they will have suggestions.
What to do with marking the property line so it will be obvious and not ignored, is the chert berm mine and therefore I can do with it as I please, and do they owe me anything for the trees, soil, and other damages or does this only apply to the previous owner?
Thanks guys..........God bless.............Dennis
