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Property lines thehip 11-30-2006
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Posted by on December 1, 2006, 12:42 pm



>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.

Yup the real benchmarks usually follow section lines and such which
may not exactly match parcel lines. I still wonder how many are just
wrong.
The tax map overlay on our property appraiser tax map web site is
clearly not what out plats say by about 5'. The road centerlines are
accurate (probably how they set it up) but the lot lines on the aerial
seem to be wrong.

Posted by mm on December 2, 2006, 3:12 am



>
>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.

Do they still do this?

Do they do it all across the country?

>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.

I've never seen anything like that.

>County Clerk may have record of original survey also.

Don't they use GPSes these days to know where they are, where in the
yard corresponds to locations in the survey or on the deed?

Posted by Kenny Goss on November 30, 2006, 10:26 pm


There should be plat records from when the homes were first built on file
with Land Records. There may possibly be other property survey on file with
Land Records. Or, older deeds have meets and bounds descriptions, which can
be easily translated by a surveryor


> 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?
>
>



Posted by on December 1, 2006, 12:56 am


> 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?

Depends a lot on where you are and when the land was subdivided. In
theory, there should be surveys on file somewhere from when the land was
first subdivided. There might also be surveys from when the homes were
first built, but not always.

But even if there are surveys, they might not settle the issue if they
conflict -- one neighborhood I know has enough errors in the original
surveys that some houses are entirely on the neighbor's lot, depending
on which end of the plat you start measuring from -- the lot dimensions
simply don't add up to the total.

How old is the actual fence line? In some cases, the easiest way to
settle things is to agree to a new survey and file a lot-line adjustment
that recognizes the historical division of the property, whether that
matches the original survey or not.

Another alternative, if the two of you are on speaking terms and your
surveys are both recent: ask your surveyor and his surveyor to select a
third surveyor they can both agree upon. Have that third surveyor
survey both your lots at once, then sit down with the other two and see
if they can figure out the discrepancies.

Filing a lot-line adjustment or hiring a third surveyor will both cost
money, but less money than turning this into a lawsuit if you can't
reach an amicable settlement.

Another thought: Do you have title insurance? Does he have title
insurance? (Owner's policies, not just policies that protect your
mortgage companies.) If so, then (1) your policy may require you to
report this dispute in a timely manner; (2) your title insurance may
help pay to resolve the dispute.

Disclaimer: I am not a lawyer or a title insurance agent.

--
josh@phred.org is Joshua Putnam
<http://www.phred.org/~josh/>
Braze your own bicycle frames. See
<http://www.phred.org/~josh/build/build.html>

Posted by on December 1, 2006, 11:17 am



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?

If you have both surveys , you should be able to find the markers used
on for three property lines , the ones on both sides and the common
middle one .

If both surveys were the same company , call them and ask . It may be
in the surveyors interest to come out and recheck.

If you have that take a big tape measure and check the lengths from
both sides.

I have seen a situation is a new subdivision where the original survey
had made an error and all plots were three feet out consistantlt.


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