If an adjacent landowner were to claim their property extends beyond what it’s actual boundaries (corner marker has been “destroyed” by workers years back” or any other excuse) and holds their ground, what would the next step be?

Getting the sheriff department involved, or, if hired, can a professional surveyor push back legally speaking?

Asking out of curiosity for future possibilities,.this has nothing to do with getting LEO involved in an actual dispute.


What are some of the land access problems you’ve encountered over the years and how did it work out? This is what I’m most interested in.

Thank you

I'd ask them to provide you a copy of their "proof" of where the line is...new survey, etc.

Take that documentation to a registered/trusted surveyor of YOUR choice, and ask them to evaluate.

I didn’t realize it had already posted. I was still editing...



Thanks though

If they've been using the ground all along, you may have a legal problem with "Adverse Possession", which means a court fight.

Pay a surveyor, they’ll do the research, verify the lines and register their findings. They will also put in corner markers and however many you wish in between.

Hello Aix, how ya doing? Here is a perspective that won't cost you a cent.
A professional land surveyor will research the deed/title to the property in question.
Sometimes in a case like you are describing I will have a title company do this for me.
In most cases they can do it more efficiently than me and at less cost to my client and
gives me a CYA in case things end up in court.
As a professional surveyor all we can do is present evidence. By this I mean we can
accurately depict the deed line as written and also show occupation as evidenced in the field.
When it comes to adverse possession I do not know what the stats are down there.
In Wisconsin it has to be "open and notorious" for 20 years I think. In a nutshell that means
the person would have had to make visible improvements ie. fencing, structures, planted crops
and so forth. In the end, the Judge will make the determination and I, over the years have seen
them go 6 ways from Sunday. PM me if you want.

Zim

I'm intrested in this also. My neighbor installed around 30' of fence about 6-8" over the property line. I can eyeball the metal stake the surveyor put in on the corner to the t post I put in at every wooden stake they installed. Its very apparent. I don't want to create hostility with the neighbor but I am pretty aggravated.

We had this issue in our town a few years back when I was on the town council. One of the councilwomen had their barn built with the centerline going right through the property line with half the barn on her property and half on the neighbors. He was trying to subdivide and sale his property and was getting it surveyed when they discovered it. Both parties got attorneys and they were able to work it out before it got to a judge. Unfortunately, according to the deeds she was in the wrong yet wouldn't admit it. They ended up drawing the new property line around the perimeter of the barn and half of her driveway.

She had assumed the fenceline was the property boundary when the fence was actually built long before she bought the property and was built with a setback from the property line.

Personal experience shows the surveyor would be the way to go. If their ruling comes out in your favor, then you may have to get the courts involved... they have ruled 2xs in my favor and then LEO may get involved.

Garry-

Again, please be advised.... the land surveyor does not rule anything. They CAN present the findings of precise measurements on the ground, depict the actual boundary as described and denote
the discrepancies between the two as occupied, etc. In 40 some years of this work the only time I have had Law Enforcement involved was to allow me to access lands.
Zim

The best advise I can give you is take Zim up on his offer and send him a PM.

Adverse possession rules in most States are a little different than most people imagine. Adverse possession claims only come into play after 7 years of the dispute being "open and notorious". In other words, a fence may have been on someone else's property for decades, but the clock doesn't start ticking until the issue comes to the attention of both parties. Once that happens if you don't take action within 7 years, the fence then becomes the new property line. So, once you and your neighbor have exchanged words about the subject the 7 year clock starts ticking.
You will have to get a survey to establish new corner monuments. That alone may settle the dispute once your neighbor see the results.

ADVERSE POSSESSION: WHEN TRESPASSERS BECOME OWNERS
If a landowner fails to occupy and/or use land for a lengthy period of time, it is possible for a trespasser to come onto the land, occupy it, and gain legal ownership of it. The legal term for this is “adverse possession.” Technically, adverse possession is a method of gaining legal title to real property by the actual, open, hostile, and continuous possession of the property to the exclusion of its true owner for the period prescribed by state law. Obviously, to the current land owner, this is an act of hostility, even theft. For the trespasser, or adverse possessor, this may seem fair if he or she cared for otherwise-abandoned property over an extended period.

Adverse possession has its roots in the usucapio law of ancient Rome, which allowed an individual in possession of a good to become the lawful proprietor if the original owner didn’t show up to claim it. Through the ages, particularly in periods of economic decline, applying this concept to land provided a way for real property to be productively utilized by ensuring that the individual who actually put the asset to use would eventually be able to own it.

For private citizens, most cases of adverse possession deal with boundary disputes between parties who hold title to adjacent properties. Suppose a landowner erects a fence on his property and the fence strays in some areas onto his neighbor’s property. The fence-builder then goes on to use all the land within the fence for farming. If the neighbor allows this to go on long enough without raising objection, eventually the fence-builder can claim ownership of all the land inside the fence, including that which originally belonged to his neighbor, through adverse possession.

WHAT QUALIFIES AS ADVERSE POSSESSION?
In order to assert a claim of ownership through adverse possession, certain conditions must be met. Washington State law requires that the possession be:

Actual. The adverse possessor must physically use the land as a property owner would. Merely walking or hunting on land does not establish actual possession. The actions of the adverse possessor must change the state of the land. In the case of non-residential property, this could mean clearing, mowing, planting or harvesting produce, logging or cutting timber, mining, fencing, pulling tree stumps, running livestock, constructing buildings, or other like improvements. If the property is residential, this could mean mowing the yard, trimming trees and hedges, changing locks, or repairing or replacing fixtures such as a swimming pool pump, sprinkler system, or appliances.
Exclusive. The adverse possessor must hold the land to the exclusion of the true owner for the statutory period, which is 10 years in Washington. If at any time the true owner uses the land for any reason, adverse possession cannot be claimed.
Uninterrupted. The adverse possessor must hold the property continuously for the entire ten years. Occasional activity on the land does not count. For example, merely cutting timber at intervals, but not performing other ownership actions in between, fails to meet the criteria. If at any time during the ten years the true owner ejects the adverse possessor either verbally or through legal action, the clock stops. If the adverse possessor then returns, the ten-year countdown begins anew.
Open and notorious. The adverse possessor’s use of the property must be so visible and apparent that a diligent owner could not help notice. This criteria may be met by building a fence, opening or closing gates or using other entries to the property, posting signs, planting crops, erecting buildings, housing animals, or similar activities.
Hostile. The adverse possessor must enter or use the land without permission from the owner. Adverse possession cannot be claimed by renters, hunters, or others who enter with the owner’s permission.
In the state of Washington, all five criteria must be met for a period of 10 years to qualify for adverse possession, and the adverse possessor has the burden of proof.

Alternatively, if an individual has held a property and paid all taxes on the property for seven years under a “good faith color of title,” he need only prove actual, open, and notorious possession to establish an adverse possession claim.

This is for Washington State. The five conditions required are similar for all states, The length of possession varies between the states and for Georgia it is 20 years and 7 years with color of title.

This can be a great thread for anyone that accesses property. I hope people continue to contribute

heres what i did to stop an issue.hired the same surveyor that put in the pins he pulled out.surveyor sends all pertinent info and maps to my lawyer who sent a certified letter to the offending party consisting of pretty much a cease and desist order.definately not the cheapest way but the most foolproof in my mind.all issues stopped quick and things went to the way they should be.

I had a friend who had a house , on either side of their property had two vacant lots. One of the vacant lots adjacent neighbor had a driveway that just intruded a bit on an angle to my friend's lot. They had a survey done. The intrusion was only a few feet. The neighbor's lot was sloped and it was difficult to make the driveway straight. They contacted the neighbor and tried to discuss/work out the problem. No avail , even made the offer of selling a small bit for a few thousand. No deal. Contacted a lawyer. Lawyer was unsuccessful making a deal. Lawyer finally sent a cease and desist order with a deadline. Deadline came and went. Several days after the deadline a truck showed up with one of those HUGE 2 ton concrete blocks. It was placed partway across the end of the driveway exactly on the property line.

The stupid neighbor could now not use his driveway , could have worked it out but stubborn. The property is so sloped that moving the driveway is not feasible. He now has to park in the street.

In NY adverse possession time line is only 10 years.

Gray dog, you're right it's 10 years not seven as I had posted. Your information is for Washington state, however adverse possession is such an old doctrine I would imagine most other states would be 10 years also , but the OP needs to check in his specific state.

Are monuments pulled up and replaced on each survey so that there’s only 1 monument per corner, even if multiple surveys have been completed?


Did I ask clearly?

yes you did.some of my new ones have a 10 yr battery life.