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Medical Forum / Diseases and Disorders / Arthritis / May 2005

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waaaay OPT - uhohhh . . .

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d'huit - 14 May 2005 03:10 GMT
shoot.  propertyline problems that i'm not sure what to do about or how to
handle.  my old neighbor's 5 acre plot with home was sold 4 years ago.  now,
the new neighbors want to built a small house on their property for their
parents and that's sweet and cool and i have no problem with that.  but the
neighbor just hired a surveyor to mark the propertyline between us, so he
could build the house 20 feet from the boundary between us.  our boundary
has been a hedgerow of trees and laurels and stuff.

and there's one lone existing fence post (that i knew was there) from some
50 years ago (i've been here 30 years) that is where i've always known the
propertyline to be.   though a fencepost (and a bit of fencing) from some 15
years ago that the developers behind us  installed a sideline property line
fence (which the new owners took down with a bulldozer last week) for the
old owners, as part of a package deal to buy back some 28feet of adverse
possession land along the backline.  i know that newer fenceline is wrong,
because it took some 30 more feet from the neighbors and gave it to us.  i'm
not claiming that's mine at all, cuz i know it's not.

but today, the surveyors (the new owners hired) put their stakes some 15feet
onto my property beyond the 50 year old post.  (and the surveyor's stakes
are visibly crooked, clearly jogging in and out, as can be instead of
straight.).  which means, the area where my 24ft by 8ft woodshed building
has been for 30 years (and a couple of our boats and other things) are
supposedly on their property.  no way.  our old neighbors  would have
*never* allowed us to do that, for one thing, and for another, the wily old
guy used to push his fencelines out everytime he had to work on them (which
was why the developer had to buy back 28x660 ft from him).  and mr. and mrs.
kenny showed us the correct fenceline between us, which the old post is a
remnant of.  heck, mrs. kenny owned that property abutting ours for over 70
years.

i talked to the new owner next door, about the surveyor's stakes.   had him
walk the line with me to show him how off the stakes were.   (he just paid
these surveyors $2000 to do this.) even the new owner thinks it doesn't look
right, as far as a  crooked property line and how it seems to go on an angle
onto my property goes.  said he hasn't received their report yet, because it
is friday and they just did the job today.  said he'd call them monday and
see if he can get the report.  asked me what i thought he should ask them.
all i could think of to tell him was, "you have 660 ft of backline taking
off from doctor smith's 20 acres of land and ending at my 660 ft of
backline.  ask them to check this propertyline out against your 660ft
backline, because i know dr. smith was fanatical about having his fencelines
perfect."  i didn't know what else to say.

any other ideas, you guys?  what do i need to do and what should i do?  i
don't think the new owner wants to do anything incorrectly, but i know these
surveyor stakes aren't right.  i wish butch were here.

kate
Jo Firey - 14 May 2005 05:10 GMT
I'm an accountant, not a lawyer.  But I'm pretty sure that after a number of
years (15 I think) it doesn't even matter where the property line was
supposed to be, what counts is the property line you have used and agreed on
for all those years.  And a new owner would be held to that as well.  Give
them a few days to see what they come up with.  Then you may need at some
point to get a lawyer.  I would think if they were in error they would have
to pay  your costs.

Jo

> shoot.  propertyline problems that i'm not sure what to do about or how to
> handle.  my old neighbor's 5 acre plot with home was sold 4 years ago.
[quoted text clipped - 45 lines]
>
> kate
d'huit - 14 May 2005 06:37 GMT
> I'm an accountant, not a lawyer.  But I'm pretty sure that after a number
> of years (15 I think) it doesn't even matter where the property line was
[quoted text clipped - 5 lines]
>
> Jo

thanks, jo, for reminding me!  you are correct about adverse possession
boundaries.  i'd forgotten that in this state, those are established after 5
years of use.  but i don't know if that's been changed, because i haven't
had my real estate license renewed since reagan was president.  i could call
up a broker to find out.  a broker should know for certain, though it
probably won't matter.  this property line was established 55 years ago and
we've abided by it for 30 years.

i just pulled out my deed with my site plat map for this property.  it's
been years, so i'd forgotten, that this particular property line also runs
smack dab in the middle of a road easement, but it doesn't say how wide the
easement is.  drat!  but it's still interesting.  i bet it's still on the
county plat map books, even though we fought so long and well against the
county using it to construct a road that it's pretty much moot, in terms of
usability now.  big new expensive homes development in its path now.  no
need for it---lots of very wide traffic ingresses and egresses.  if it is
still on the books, i think this easement (no permanent structures within 40
feet of the centerline of a roadway or a roadway easement) and the zoning
laws (3/4s to 1 dwelling per acre) for our area are going to run him into a
bit of a dilemma about where he wants to build.  truthfully, i really don't
care where he builds on his property, as long as he doesn't mess around with
my property lines or my privacy hedgerow.

kate

>> shoot.  propertyline problems that i'm not sure what to do about or how
>> to handle.  my old neighbor's 5 acre plot with home was sold 4 years ago.
[quoted text clipped - 46 lines]
>>
>> kate
jb - 14 May 2005 18:11 GMT
thinking of you kate.  i dont know anything about that kind of thing and
would be lost without my husband
heres a hug (((kate)))

| > I'm an accountant, not a lawyer.  But I'm pretty sure that after a number
| > of years (15 I think) it doesn't even matter where the property line was
[quoted text clipped - 81 lines]
| >>
| >> kate
Harvey R. Stone - 14 May 2005 15:13 GMT
but i know these
> surveyor stakes aren't right.  i wish butch were here.
>
> kate

 I know you do my dear.   Just do what you think he would of done and get
other people in your family involved too.
Harv
Carole - 14 May 2005 17:07 GMT
> any other ideas, you guys?  what do i need to do and what should i do?  i
> don't think the new owner wants to do anything incorrectly, but i know these
> surveyor stakes aren't right.  i wish butch were here.

I don't know anything about this kind of stuff, but do you have other
family or friends who might be able to assist you on this one? I know
getting a lawyer is expensive, but would be worth it if it comes to
that.  I can give you a BIG HUG :-)

HUGS,
Carole
tinlizzie - 14 May 2005 18:36 GMT
The thought that crosses my mind is that perhaps they widened the road and
didn't compensate for it.  I had a house and gave it to my son.  I had to
have it surveyed because of the transfer and it surveyed with a difference
to the benefit of the neighbour but there was a hedge that belonged to us
and the neighbour had to transfer the extra property to us but the road had
been widened and I think that was where the problem was.  However having
wrote all that, this is in Canada.  Hope you get your problems solved.
Hugs
Lorrie F
>shoot.  propertyline problems that i'm not sure what to do about or how to
>handle.  my old neighbor's 5 acre plot with home was sold 4 years ago.  now,
[quoted text clipped - 45 lines]
>
>kate
Duckie - 14 May 2005 20:41 GMT
Our town is fanatical about property lines and all that
info is located in the town clerks office. Call your
town and ask if the original surveys are still
available. They use the stuff for allowing construction
permits to be issued so I know they are there. The
original site marks have finally disappeared here but
were here when we moved in. Not sure how a surveyor
actually starts working. Sounds like they hired a
company that knows as much as we do about it. meaning
nada. lol  Glad your neighbor is being so good about
questioning the report.
Duckie

> shoot.  propertyline problems that i'm not sure what to do about or how to
> handle.  my old neighbor's 5 acre plot with home was sold 4 years ago.  now,
[quoted text clipped - 45 lines]
>
> kate

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