greetings, i am at odds with my neighbor over the exact placement of our
shared property line. i have a copy of a survey that was done about 5
years ago that shows our lots and on my lot there is a telephone pole
that i am using as a reference point. on the survey the scale is one
inch = forty feet. given that, could one say a half inch equals 20 feet,
a quarter inch equals 10 feet and an eighth of an inch equals 5 feet.
using the pole as a reference, i measured about a heavy sixteenth from
the pole to the lot line on the survey map. seems to me that my property
extends at least 2 feet past the pole. before i spend about $700 for a
surveyor is this a somewhat accurate way of measuring?.
While it seems accurate, is the pole in the same place? The one in front of
my house was moved last year.
The plat often has a description to follow also. It gives a reference point
and measurement from that point. If you do not have it, the original
surveyor my be able to provide it at a nominal cost. There should be no
reason for a new survey, just a clarification of the existing one. Once
done, put in a permanent marker.
Can't you find pegs buried at 4 corners? The iron rod survey people
drove into ground. Metal detector comes in handy. You can rent a
detector from ental outfit. With the map you can get pretty close
to them and start digging.
You say that you are working from a "copy" of a survey drawing. Why do
you believe that this copy maintained the scale of the original drawing?
As Mr. Hwang has said, find the property line markers. They should be
well described on your copy. A taut string between the two appropriate
markers may settle your dispute.
behind the counter said that is the official copy obtained from the
surveyor who laid out our community. it is a large print, about 2 foot
wide by three foot long. we moved in after the survey was done and i
have reason to believe that another neighbor pulled up the original
Poles are put on the property line so often that people often assume
they always mark the property. Not so. For example on my lot the pole
is 4' on my side of the line.
It is also fairly common for surveys taken many years apart to show
some variation from the original survey, but it is usually measured in
inches and not feet.
The engineering company that was laying out the community my wife
built used to always tell here in these lines are within a foot of
being right you are lucky. The satellite pictures at leepa.org (the
property assessor) are off by as much as 3 feet from recent surveys.
My next door neighbor has had 3 surveys in the last 10 years and none
agree. There are 3 corner markers driven in the northwest corner of my
lot that would barely be covered by a 30 gallon trash can
Property in back of my house has changed hands several times and stakes
keep moving. Nice because I gained a couple of feet in the last survey.
I heard that in a lot of surveys, surveyors may not even come out (they
do a paper survey) unless you want markers.
The drawings are only close. To find the exact property lines you go by the
reference points and shoot a line (pull a string is simple) between the
points. The reference points are known things on or near the property and
then a distance and direction is given from those points on the deed or map.
If a survey was done 5 years ago there should be stakes of flags still there
at the corners of the property.
on 10/13/2007 12:32 PM Ralph Mowery said the following:
Wooden stakes and flags have been known to disappear at night when a
neighbor doesn't agree with them.
It's best to have permanent markers (metal rods or pipes, set in
concrete) installed when a survey is done. It may cost a little more for
the extra work, but it is worth it.
My neighbors and I have kinda agreed on where we take care of the grass, but
I haven't the faintest idea where the property lines are. (except that I
have deck that extends 6" into my neighbors yard; 16 years ago the lawyer
said it doesn't matter, and it seems not to have.)
When you or he decide to sell it could be a big problem. I wouldnt
close with someone infringing on a property I was buying nor would a
want a property that was infringing on the neighbor's. It will only
lead to trouble
Don't know where you live in NJ no one with half a brain will close
when there is an obvious infringement of property line. The houses
being sold so frequently may indicate there WAS a problem. I'd
probably the Sawzall to the deck that was on my side if someone tried
that to me
On Sun, 14 Oct 2007 06:16:27 -0700, firstname.lastname@example.org wrote:
That is the real reason why they have setbacks limiting how close you
can build to "property lines". The line can be wrong. We always take
what a surveyer says as gospel but with the advent of better GPS
location I bet we find out a lot of those benchmarks they use to
orient entire neighborhoods are wrong.
It's not a problem until someone decides to make it so...then, depending
on who and what the circumstances are, it might become one.
In a situation such as you described, if you have encroaching property
and the neighbor hasn't done anything to correct it, eventually it may
be claimed by someone on your side of the line that the additional
property actually belongs to them. Then, depending on whether the
adversely affected party really cares, they may have a problem defending
same...it all depends. As long as everybody involved is reasonably
levelheaded and nobody makes waves and all that, it can go on
indefinitely. All it may take is one sob at some point in the future to
create havoc...as someone else farther down noted, there a those who
seemingly look for any possible umbrage whether or not it really has any
bearing on their use of their property or not, simply, apparently often,
just for the pleasure of it. Then again, there are those on the other
side that seem to push their boundaries until somebody else pushes back.
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