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Re: Land survey question? [Re: salemtrapper] #6989520
09/13/20 01:58 PM
09/13/20 01:58 PM
Joined: Mar 2012
Posts: 4,324
AK
F
FairbanksLS Offline
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FairbanksLS  Offline
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AK
I assume you spoke with your surveyor about the difference between the deed line and the occupied line. What was his advise?


formerly posting as white dog
Re: Land survey question? [Re: FairbanksLS] #6989554
09/13/20 02:52 PM
09/13/20 02:52 PM
Joined: Jan 2016
Posts: 3,798
missouri
S
salemtrapper Offline OP
trapper
salemtrapper  Offline OP
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missouri
I haven't my uncle is the one paid for the whole farm to get surveyed, the farm is broke off into pieces between all the kids. I didnt even know he was getting in surveyed just seen all the survey markers and sticks.

Re: Land survey question? [Re: salemtrapper] #6989568
09/13/20 03:06 PM
09/13/20 03:06 PM
Joined: Aug 2010
Posts: 10,823
Asheville, NC
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charles Offline
trapper
charles  Offline
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Joined: Aug 2010
Posts: 10,823
Asheville, NC
I had a neighbor who wanted to build a tool shed in the corner of his residential lot. My lot was pie shaped. His shed Location was off by over ten feet on the back side of my lot. There was a row of large pine trees that we both incorrectly assumed was the border, and he had maintained the area a long time. We were good friends. I told him he could have that wedge of land if he would pay to have it properly recorded. His wife had planted a lot of shrubs on what was later found to be my lot. He didn’t do anything. I sold my home and he did the same, so it is someone else’s problem now.

My wife’s niece lived on a small farm that belonged to her father-in-law. Her lot was gifted and deeded to her husband, who soon died in this 30s of a sudden illness. There was a large barn on her property that her in-laws also used. The father got real ugly about claiming the barn. She sold and moved away from him, thus assuring that the lot and barn would never be his.

Was it Robert Frost who wrote that good fences make good neighbors? He didn’t mention bad fences, but they are problems for certain.

Re: Land survey question? [Re: salemtrapper] #6989574
09/13/20 03:14 PM
09/13/20 03:14 PM
Joined: Mar 2012
Posts: 4,324
AK
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FairbanksLS Offline
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AK
If grandpa's eye was involved in the construction of the fence and it was good enough then, it is good enough today. Sounds to me like the fence location was likely agreed upon as marking the boundary line.


formerly posting as white dog
Re: Land survey question? [Re: FairbanksLS] #6989585
09/13/20 03:27 PM
09/13/20 03:27 PM
Joined: Dec 2017
Posts: 6,221
Kansas
Pawnee Offline
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Pawnee  Offline
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Joined: Dec 2017
Posts: 6,221
Kansas
Originally Posted by ApocalypticGoatH
If grandpa's eye was involved in the construction of the fence and it was good enough then, it is good enough today. Sounds to me like the fence location was likely agreed upon as marking the boundary line.


That’s how it would be handled around here. What’s done is done! Sorry for your grandfather’s passing.


Everything the left touches it destroys
Re: Land survey question? [Re: salemtrapper] #6989699
09/13/20 05:56 PM
09/13/20 05:56 PM
Joined: Feb 2011
Posts: 2,053
SE Kansas
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K52 Offline
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K52  Offline
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Posts: 2,053
SE Kansas
I had to look into this for our rifle club and Missouri has adverse possession after 7 years. I would say you are out of luck, I believe time is your enemy in this case.

Re: Land survey question? [Re: salemtrapper] #6989730
09/13/20 06:53 PM
09/13/20 06:53 PM
Joined: Jan 2016
Posts: 3,798
missouri
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salemtrapper Offline OP
trapper
salemtrapper  Offline OP
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Joined: Jan 2016
Posts: 3,798
missouri
It's no biggie wasn't sure how it all worked

Re: Land survey question? [Re: salemtrapper] #6989733
09/13/20 06:56 PM
09/13/20 06:56 PM
Joined: Feb 2020
Posts: 8,944
Indiana
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Providence Farm Offline
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Posts: 8,944
Indiana
It's still worth checking into to be sure.

Re: Land survey question? [Re: salemtrapper] #6989736
09/13/20 06:56 PM
09/13/20 06:56 PM
Joined: Jan 2016
Posts: 3,798
missouri
S
salemtrapper Offline OP
trapper
salemtrapper  Offline OP
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Posts: 3,798
missouri
It's not like I am losing much if that is the case

Re: Land survey question? [Re: salemtrapper] #6989758
09/13/20 07:27 PM
09/13/20 07:27 PM
Joined: Jan 2014
Posts: 1,388
kentucky
L
logger coffey Offline
trapper
logger coffey  Offline
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Posts: 1,388
kentucky
Seen this hundreds of times , if your grandpaw and the other guy agreed years ago save your money , most country judges will tell you the deal was made let it go. unless you got alot of time and money.

Re: Land survey question? [Re: salemtrapper] #6989768
09/13/20 07:44 PM
09/13/20 07:44 PM
Joined: Jan 2007
Posts: 5,201
Northern Minnesota
BernieB. Offline
trapper
BernieB.  Offline
trapper

Joined: Jan 2007
Posts: 5,201
Northern Minnesota
Interesting I was just thinking about this today. According to the county GIS website, a small corner of my neighbor's building is on my side of the line. Now he just cleared some trees and put down a gravel pad to build another new building and it looks like it's even a little more on my side of the line, just by eyeballing it. I cannot find the corner marker and I suppose one of us would have to pay to find the survey marker and determine where the actual line is. I know the GIS lines are not perfect we would have to get a surveyor to know for sure. But I would like to do something before he builds the building and I want to know my options before I go talk to him. Any suggestions?

Re: Land survey question? [Re: salemtrapper] #6989776
09/13/20 07:52 PM
09/13/20 07:52 PM
Joined: Aug 2020
Posts: 297
ny
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Starcraft_Dart Offline
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Posts: 297
ny
The online GIS maps are not truly accurate showing exact property lines. I have found some to be off as much as 100'.

Re: Land survey question? [Re: salemtrapper] #6989810
09/13/20 08:39 PM
09/13/20 08:39 PM
Joined: Dec 2006
Posts: 11,165
Central NC
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traprjohn Offline
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Central NC
Originally Posted by salemtrapper
I know nothing about the laws and get most my information from tv shows lol.. .


so ya come to trappers? instead of a Real Estate lawyer? , since it varies so much from state to state.?

An EASEMENT would probably fix it. there's only a dozen types, too.

should it come down to it i might approach neighbor like this...face to face.

hello, it appears your fence is over the boundary, according to the survey, and the last thing i want, is for you to have to move your fencing. What do you propose?

then, tell him you want to think it over, and will get back to him....AFTER consulting the lawyer i mentioned above.




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The 10 Commandments are not suggestions.
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Re: Land survey question? [Re: salemtrapper] #6989922
09/13/20 10:10 PM
09/13/20 10:10 PM
Joined: Sep 2007
Posts: 5,956
South metro, MN
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Calvin Offline
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South metro, MN
Yeah well how well do you trust the surveyor? The last surveyor that ran a survey line on one end of my farm property had it 20 yards into my corn field...until I showed him the county corner marker from the 1800s. Yep they get it wrong sometimes...or often. I honestly don't think he was trying to be wrong....just was. Happens.

I'd leave his fence be. Chances are if he hired a different surveyor, it would be different than yours.

Re: Land survey question? [Re: salemtrapper] #6989936
09/13/20 10:24 PM
09/13/20 10:24 PM
Joined: Aug 2008
Posts: 1,629
alaska
3
3 Fingers Offline
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Posts: 1,629
alaska
Are you paying property taxes on land his cattle graze ?

Re: Land survey question? [Re: salemtrapper] #6989955
09/13/20 10:49 PM
09/13/20 10:49 PM
Joined: Dec 2012
Posts: 6,523
Wi.
D
Diggerman Offline
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Wi.
First,You can not lose something you never had. Second, you can not in most states "make" him move the fence. If the fence is "wrong" and it has been in place before you acquired the place, then you will accrue the cost of moving the fence, he will then have to maintain it.

Re: Land survey question? [Re: salemtrapper] #6989970
09/13/20 11:34 PM
09/13/20 11:34 PM
Joined: Dec 2006
Posts: 11,335
East-Central Wisconsin
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bblwi Offline
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Posts: 11,335
East-Central Wisconsin
In WI if you GPS your points or stakes and let owners know that gives you status for 20 years. As stated each state can vary and if it has been uncontested for a long period it could be called "lapsed" and thus his.

Bryce

Re: Land survey question? [Re: salemtrapper] #6989979
09/14/20 12:47 AM
09/14/20 12:47 AM
Joined: Jul 2008
Posts: 2,414
Idaho Falls, Idaho
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Furvor Offline
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Idaho Falls, Idaho
Some day you or him or either's successors will want to sell. Better to get an attorney and settle the issue now. The surveyor might have to explain the source of the boundary points he used.

Last edited by Furvor; 09/14/20 12:54 AM.
Re: Land survey question? [Re: salemtrapper] #6989983
09/14/20 02:07 AM
09/14/20 02:07 AM
Joined: Feb 2020
Posts: 1,574
MT
S
Slick Pan Offline
trapper
Slick Pan  Offline
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Posts: 1,574
MT
Bernie,
I would locate the pins at any cost and do it ASAP.Maybe the neighbor knows where they are?

Re: Land survey question? [Re: salemtrapper] #6989985
09/14/20 02:20 AM
09/14/20 02:20 AM
Joined: Feb 2020
Posts: 1,574
MT
S
Slick Pan Offline
trapper
Slick Pan  Offline
trapper
S

Joined: Feb 2020
Posts: 1,574
MT
Salemtrapper,
What does the neighbors or your Grandpa's deed say as far as boundary description?If you win you will have to pay 1/2 the cost to have it refenced.Best to get the issue resolved right now.Contact a property,real estate attorney.

Last edited by Slick Pan; 09/14/20 02:21 AM.
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