- Thread starter Milf Dots
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In the absence of a question I will PO the surveyors and say that in court surveys don't mean a thing. The crooked assed judges give your property away because someone's dead grandfather believed he owned it and mentioned it once at easter dinner. Their momma testifies she heard it as well. Your deed, survey and title are meaningless and other than those you simply don't have much to support your claim.
Now, all we need is the little prick BPA @Dthomas3523 to drop in and tell me I don't have proper respect for the justice system.
Now, all we need is the little prick BPA @Dthomas3523 to drop in and tell me I don't have proper respect for the justice system.
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From my recent dealings with learning way too much in a short period of time in my area :
If it’s part of a subdivision; the subdivision plat is the master document. I can get a survey to verify information, but the plat is the master. If you want to change info on the subdivision plat (example: join two lots into one larger lot) the WHOLE plat needs approval through the local authorities.
If someone built a fence over property line, you have the original plat (or survey), or use the new survey to establish boundary line ownership (I’d guess).
If it’s part of a subdivision; the subdivision plat is the master document. I can get a survey to verify information, but the plat is the master. If you want to change info on the subdivision plat (example: join two lots into one larger lot) the WHOLE plat needs approval through the local authorities.
If someone built a fence over property line, you have the original plat (or survey), or use the new survey to establish boundary line ownership (I’d guess).
I am a surveyor. Hit me up with a dm with any questions. And no, people can not take your land as easy as was mentioned here.
100 percent correct .
I recently learned that even two "professional" land surveyors can find different lines by 5 feet and that is acceptable. You could literally hire one surveyor and your neighbor another and spend the rest of your fortunes moving a fence back and forth 5 feet. I also learned that once a fence or other property marker has been in place as acceptable to both sides of that fence for 10 years, it IS the property line and to dispute it will cost you some savings and in order to move that marker or fence, both parties have to agree.
Yes.
But it's not always like a true squatter type situation where it is intentional.
Locally...many land "deals" were done between people, lines drawn, fences made over a century ago. There may have even been some surveying involved describing sections, townships and such. But the "way finding" technology has come a long ways in 100 years. That range, township, lot boundary description could very easily be inaccurate by quite a few feet. So Jim Bob Jr comes along and buys a piece of property and has it surveyed using modern gear and sure shit, the fence is on his new property by 10 feet. He throws a fit. But unless he is willing to share that survey info with the "co-owner" of the fence, pay for removal of the old fence and installation of a new one AND the neighbor agrees, there is nothing he can do. That fence is the line and has been for over 10 years as agreed upon by the old neighbors. It can be even more footage or acres if there is steep or rocky or wet ground involved where the fence building and maintenance would have been tedious.
onX Hunt (actually very accurate using modern GPS) shows that I own a few feet inside my neighbors pasture but I would not approach him about it. It's a few feet and wouldn't increase my viable pasture enough to be worth the money to re-fence (even if he would agree) and surely not worth fucking up a friendly relationship with my neighbor.
That is not as simple as people make it out to be. I have been doing this for 30 years, have been to court several times over this. Only 2 times have I seen land be awarded and it was just occupied land, not an entire tract, also occupied for decades...
Fences do not make property lines 99% of the time. And if you have 2 surveyors showing a line 5' different, something is wrong from the get go.
To put it simple, there are a lot of myths about land ownership in the world.
Really interested in your story if you are willing to share. Once again I have never seen someone screwed out of land they have a LEGAL Deed for in 30 years of dealing with this. I have seen several times where people thought they owned land but really did not.
Also I know States are different in laws. Where I live you could have a Survey done with your name on it and recorded at the Counties Court House, but if you do not have a Deed with your name recorded, property is never transferred. Only a legal deed can transfer property ownership.
Yeah, I think that people see that it “can” happen and expect that it happens all the time.
Yes that is why I stated different States have different laws. In my state a fence does not make a property line if there is recorded evidence that says otherwise.
I am not doubting what you are saying in your situation, just from my experience and many others that have been doing this a long time, there is a lot more to adverse possession. I have worked in 3 different States and all of them follow the same basic laws, most of the time it comes down to time frame is where the law is different.
I work on 10-15 property disputes a year, hell I got 3 going on right now, and 99% of the time it comes down to recorded evidence/field evidence of actual boundary corners.
Oh and the shitbag lawyers love a good boundary dispute as much as a divorce. They will milk you. Been there before.
I did not even want to bring that side of it up.
Yes, the original surveyor, then defense/plaintiff lawyer will want their own surveyor at the expense of the client, then there is a chance the judge will want a third party Survey done, court cost. Also attorneys will want to do title search information which they charge way to much for....it keeps going on and on in these cases.
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