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Property lines

Doc

Doc

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I have 48.8 acres. Plenty of land.
I'm fairly sure my neightbor has sutff over that line. Then they sold.
I asked them to have the surveyor mark the line so the new owners and I would both know exactly where the line is.
They vamoosed without doing that. I think they knew they were over and did not want it pointed out to the new buyer.
So the buyer has been there 8 months or so. I told him I didn't know exactly where the line was and asked if he knew who did the survey but he never did answer.
So, I think they are on a little bit of my property. Their parking area and storage building are over the line. They mow over the line and since I do not use it or need it should I care? I don't want that bit given to them if I do nothing but I also don't want to cause a stink with the neighbors they seem like good folks. Is it worth it to bring something like this up to them?
 
I think they should know the property line too. A nice way to bring it us is to say, I have no problem with your stuff probably being over my property line because I do like to work together with my friends and neighbors but I do want you to know this incase something happens.....and then explain it in more detail.
 
jpr62902 said:
Look up "adverse possession." Doing nothing means you could lose your land.
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Good point. I'm not a lawyer but I think some states have laws something like "the right of usage", meaning if they use it for so long without challenge, they become the owners.
 
Lenny said:
Good point. I'm not a lawyer but I think some states have laws something like "the right of usage", meaning if they use it for so long without challenge, they become the owners.
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A lot more than you would think. Backwards thinking. If someone takes something for nothing they shouldn't be rewarded.
 
have the lots surveyed, at your expense if necessary.
once they "occupy" the land area for {time per state laws] they have claim to it.

might not be such a big thing to you, but when you sell your property and it suddenly arises a neighbor has "quit claim" rights, that's gonna become a really big issue....
 
Good points. Thanks guys!!!!!! I was thinking much the same and needed to hear it from others. I don't want to be an ass, and prefer to stay on good terms but don't want to give 1/2 acre or more away.
 
Doc - Do an internet search for "plat map" then your town or county. There's should be a ton of hits. Zoom into your parcel and you should see everything.
Our county's government web site also has very detailed maps.
 
Be careful using the government plat maps. The ones in my local area are skewed 35ft to the west. They don't match any of the existing property corner survey stakes. There have been at least three suveys in the area that verified the property corners. It is a well known issue. Maybe your county maps are better. I wouldn't rely on them unless you have a known corner that you can match to the property maps. It might not even be a corner on your property. It may be a couple lots down or across the street.
 
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plats/maps can be accurate, or not.

my lot is carefully documented/etc. the adjoining lot is carefully documented/etc.
there is however a "problem"
his lot is surveyed and described from a different benchmark than mine.
points on the plat do not match reality in the field.
the obvious answer, since proven with 'more modern survey techniques . . . ' - the two benchmarks are not physically where the small scale plats say they are . . . the benchmarks have been in use since colonial times , , , and the county clerk related there's a few zillion properties similarly affected.

fortunately,,,, the error leaves a tapering (40' to 60' at my end) empty slice of land that technically does not belong to either property/lot/deed description. my lot corner 'ends' 60' short of his 'lot corner'
now, if the situation was different and his deed description extended sixty feet into my "deed description" . . . yeah, that would have been quite a mess....

he had the whole mess resurveyed, and the documentation submitted to the county, the plats have been corrected . . . so it all "known"

he died, eventually his wife sold the lot to an adjoining lot owner, who promptly had all the old growth oak timbered out - leaving . . . the 60' wide slice of 'mystery land' intact and untouched. I was watching daily to see if he was going to lumber into that strip, but he didn't...
 
Thanks for the Plat Map idea Brian.
Here is a pic from it. I knew / thought it was over the line but it appears I have more of an issue than I was aware of. If correct part of their driveway is over the line.

PlatMap2.JPG
 
Way back in the early 90s, my parents bought a property by the lake. They were required to have a surgery done as none had been done in 30+ years there. When they did, they discovered that the property lines all came straight back from the lake shore then turned 30% to the left. This put the property line going 3 feet overstraight through the neighbors guest house. We offered to sell them that small chunk of land the corner of their guest house was on. They opted to raise and move the guest house. It all worked out and they were good neighbors for years.
 
I'd consider having the neighbor pay for a survey then buy a chunk of your land to get the driveway and buildings on to their property.
The reason you can discuss with them about buying is liability. If they're on your land and someone gets hurt...
 
Talked to a surveyor and he is looking up plat maps and prior survey to see where the pins are. He will give an estimate for the price to survey my north border.
As you all mentioned, he said plat maps cannot be relied on to be 100% accurate.
 
Two weeks ago I purchased some more land.
It is 4 sections, 4 titles, but they are touching.

Last surveyed in 1974, so a new survey was done by me.

A part of the road, some power poles, and a gas line are on the property.
They are moving the road, poles, and gas line in a few weeks.
The farm land was at the end of the road previously.
But in 2016 the road was lengthened to go onto others land, and there are now 4 houses down there.
The clowns who did the road put it on private property, which is now mine.
Without checking others just put in electric and gas beside the road, without checking.

They are currently paying me a small bit per day for them being on my land, and they have to restore it to its previous condition that it was in before they messed up.

Meaning they have to return it to a hay field, and plant it.
 
PGBC,
In your case, it would appear they stole land that was in productive use. Essentially stealing from your income.

I have a small 80 acre section in the Ozarks. Knarly, nasty stuff good for timber, Deer hunting, and hiding bodies.
One of my neighbors must pass through my property to get to his. Which is apparently the norm here as I (and he) must pass through another's property to get to mine. A third neighbor has the same access.

Any sub-roads cleared and built are generally an accepted practice and, normally, do not follow under "Adverse Possession."

However, the owner of that first one property is an absentee who lives in Baltimore. They have never been to the land they own. He and his family are never there. The three of us who use the roadway are worried because Easterners are insane about this stuff.

Fortunately, much of this "access" road is under the power company's easements. They keep it Brushhog mowed and free of trees. So I doubt we will have an issue.

You never know.?.
 
FrancSevin said:
PGBC,
In your case, it would appear they stole land that was in productive use. Essentially stealing from your income.

I have a small 80 acre section in the Ozarks. Knarly, nasty stuff good for timber, Deer hunting, and hiding bodies.
One of my neighbors must pass through my property to get to his. Which is apparently the norm here as I (and he) must pass through another's property to get to mine. A third neighbor has the same access.

Any sub-roads cleared and built are generally an accepted practice and, normally, do not follow under "Adverse Possession."

However, the owner of that first one property is an absentee who lives in Baltimore. They have never been to the land they own. He and his family are never there. The three of us who use the roadway are worried because Easterners are insane about this stuff.

Fortunately, much of this "access" road is under the power company's easements. They keep it Brushhog mowed and free of trees. So I doubt we will have an issue.

You never know.?.
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An easement changes everything of course.

Between my 2560 acres, and the 1280 another person owns across from mine, is a legal easement, that was put in by the government in 1951, for a future road and utilities.
Locally that strip of land is called crown land, and they are plentiful.
It is 120' wide, and nobody can buy it, that has to remain owned by the government.
Unfortunately the road builder messed up, and instead of staying along that 120' swath of crown land, they veered far to the left, and it is occupying about 11 or 12 acres of my property.

I can only guess that BC Hydro, and Fortis both, thought to themselves that the road was built correctly, which would be centered on the 120' wide easement, so they later went in and dug a gas line trench, and put in poles for the wire, thinking that it was on the easement. But they are on the roads left, and even further into my land.

I don't want to just say oh forget it, and give up about 13 or 14 acres, but worse than that, what if someone crashes on the road, or hits a power pole or something.
I discussed it with my lawyer, and they could potentially sue me.
 
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