Property lines

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snipped-for-privacy@aol.com wrote:

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snipped-for-privacy@aol.com wrote:

Guess that's why I never did :)
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wrote:

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.

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Split the 2' difference with your neighbor, avoiding survey and legal fees.

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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.

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thehip wrote:

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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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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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.
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Do they still do this?
Do they do it all across the country?

I've never seen anything like that.

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?
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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

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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.
--
snipped-for-privacy@phred.org is Joshua Putnam
<http://www.phred.org/~josh/
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thehip wrote:

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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On 1 Dec 2006 08:17:54 -0800, snipped-for-privacy@yahoo.com wrote:

Since surveys are usually made from an existing benchmark pin that is a reasonable error to expect. I am amazed that they can actually say a property line is +/- a few inches in the first place. I imagine GPS technology would move most property lines if youy really decided it was delinieated by a given Lon/lat number. In our county code they use the centerline of the road to decide where property lines are for zoning purposes. I know the road in front of my house has creeped a bit, due to widening unequally from the original centerline..
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Get a metal detector & look for the property line stakes.
thehip wrote:

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