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Posted by mm on December 2, 2006, 3:12 am
wrote:
>thehip wrote:
>> Hello, my neighbor and I have a property line despute.
>> His survey shows his fence line 2 feet inside mine. Mine shows
>> it 2 feet inside his. How can I find out which one is correct?
>> Does a matter like this have to go to court? Should there
>> be original surveys from when the homes were first built in
>> the 1930s somewhere?
I have no direct experience with this, but I think you should put the
surveys side-by-side, along with both deeds, and maybe you will find
that one survey of the two doesn't reflect either deed.
I think it unlikely that your deeds are in conflict, and unlikely that
both surveys conflict with the boundary line between the two of you,
which should be specified in both deeds.
I think it more likely that one surveyor failed to match the deed he
was surveying.
However, as unlikely as it is, if it turns out that the deeds are in
conflict, that there is land that is included in both of your deeds,
that's what title insurance is for. I hope you both bought some.
Then, or perhaps a bit earlier but not yet, you could contact your
title insurance company, explain the problem, and get some good advice
from them. In addition, the title company is obligated to pay the one
who loses land the fair value of the land he loses.
BTW, are your lots unusually shaped? Where I lived when I was born,
all the lots were rectangular and the same size. I don't know that
everyone knew exactly where their property line was, but they could
easily figure out the width of their lots, even without looking at the
deed. If even one person on the whole block knew where the property
line was, everyone else could have figured it out from that. I don't
suppose your case is like that, or you wouldn't be posting.
>What difference does it make? You are still liable for half the cost of the
>fence (almost always). This is basic contract law.
>
You must mean property law. I don't think they have a contract.
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Posted by nyc kid on November 30, 2006, 9:01 pm
Split the 2' difference with your neighbor, avoiding survey and legal fees.
> Hello, my neighbor and I have a property line despute.
> His survey shows his fence line 2 feet inside mine. Mine shows
> it 2 feet inside his. How can I find out which one is correct?
> Does a matter like this have to go to court? Should there
> be original surveys from when the homes were first built in
> the 1930s somewhere?
>
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Posted by mm on December 2, 2006, 3:12 am
>Split the 2' difference with your neighbor, avoiding survey and legal fees.
That will still leave the fence 1 foot into someone's property. And
when the fence rots and falls down, if they build a new fence on the
line you proposed, someone will have lost a foot he was entitled to.
What they could do is agree in writing on where the line is, and allow
the fence to stand until it does rot, or is torn down for some other
reason, or say 5 or 10 years, whichever comes first**, time enough for
the one who paid for it to feel he got almost his money's worth out of
the fence, and rebuild the fence at the right place afterwards.
In my world, I usually wouldn't mind waiting 5 or 10 years for my
land, but I wouldn't want to give it up entirely.
**Yes, I know, 5 years will come first, compared to 10.
>> Hello, my neighbor and I have a property line despute.
>> His survey shows his fence line 2 feet inside mine. Mine shows
>> it 2 feet inside his. How can I find out which one is correct?
>> Does a matter like this have to go to court? Should there
>> be original surveys from when the homes were first built in
>> the 1930s somewhere?
>>
>
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Posted by Jack on November 30, 2006, 9:27 pm
thehip wrote:
> Hello, my neighbor and I have a property line despute.
> His survey shows his fence line 2 feet inside mine. Mine shows
> it 2 feet inside his. How can I find out which one is correct?
> Does a matter like this have to go to court? Should there
> be original surveys from when the homes were first built in
> the 1930s somewhere?
There would of been a survey when house was built.
I'd look for some buried line markers from the original survey when
houses were built
Can be iron pipe or iron stake like a t-bar.
County Clerk may have record of original survey also.
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Posted by Goedjn on December 1, 2006, 12:15 pm
>
>thehip wrote:
>> Hello, my neighbor and I have a property line despute.
>> His survey shows his fence line 2 feet inside mine. Mine shows
>> it 2 feet inside his. How can I find out which one is correct?
>> Does a matter like this have to go to court? Should there
>> be original surveys from when the homes were first built in
>> the 1930s somewhere?
>
>
>
>There would of been a survey when house was built.
>I'd look for some buried line markers from the original survey when
>houses were built
>Can be iron pipe or iron stake like a t-bar.
>County Clerk may have record of original survey also.
Just remember that the stakes aren't always exactly on
the property line, so you have to be able to read
the survey well enough to tell.
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