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Re: property-surveying-legal questions
[Re: BernieB.]
#7252834
04/27/21 11:25 AM
04/27/21 11:25 AM
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Joined: Mar 2013
Posts: 114
Northern CA
Robert Martin
trapper
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trapper
Joined: Mar 2013
Posts: 114
Northern CA
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It's really not worth it to me to pay $1250 just to know where the property line is. Should it be? And the next question is, if the buildings are actually on my land, What are my options? Sell him a slice of land? Is that worth all the trouble?
Looking for advice.
$2,500 is probably a good deal for the survey... each property is different, and depending on how the deeds are written, or what (if any) recent surveys are in the near vicinity, will dictate the cost of the survey. I recommend getting a second quote for the survey, unless you know the first quote is from an established company with a good reputation. A Boundary Line Adjustment (BLA) will be required to sell him a slice of land, and the total out of pocket cost of a BLA will be much more than $2,500. regardless I STRONLY RECOMEND GETTING THE LINE SURVEYED ASAP!! waiting any longer will NOT be beneficial.
Robert Martin
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Re: property-surveying-legal questions
[Re: BernieB.]
#7252842
04/27/21 11:49 AM
04/27/21 11:49 AM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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Lake frontage is where the value is. It should be appraised prior to selling it.
formerly posting as white dog
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Re: property-surveying-legal questions
[Re: Rat Masterson]
#7252851
04/27/21 12:08 PM
04/27/21 12:08 PM
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Joined: Jun 2010
Posts: 270
West Virginia
WV Danimal
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trapper
Joined: Jun 2010
Posts: 270
West Virginia
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Get it surveyed and split the cost, if the building is on yours then sell him a strip of land at the going rate. I will bet you come out ahead. I don't get this concept. I would be the bad guy in this situation. Why would I suffer loss of my land because he screwed up? Is that not awarding him for bullying his way onto your property? In this case, HE should make it right and at his expense.
Trash your goals and plans for life. Just wing it and you'll never be let down!
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Re: property-surveying-legal questions
[Re: WV Danimal]
#7252855
04/27/21 12:10 PM
04/27/21 12:10 PM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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Get it surveyed and split the cost, if the building is on yours then sell him a strip of land at the going rate. I will bet you come out ahead. I don't get this concept. I would be the bad guy in this situation. Why would I suffer loss of my land because he screwed up? Is that not awarding him for bullying his way onto your property? In this case, HE should make it right and at his expense. Excellent post!!!!!
formerly posting as white dog
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Re: property-surveying-legal questions
[Re: WV Danimal]
#7252862
04/27/21 12:24 PM
04/27/21 12:24 PM
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Joined: Jan 2008
Posts: 9,221
Alaska and Washington State
waggler
trapper
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trapper
Joined: Jan 2008
Posts: 9,221
Alaska and Washington State
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Get it surveyed and split the cost, if the building is on yours then sell him a strip of land at the going rate. I will bet you come out ahead. I don't get this concept. I would be the bad guy in this situation. Why would I suffer loss of my land because he screwed up? Is that not awarding him for bullying his way onto your property? In this case, HE should make it right and at his expense. I agree with you. But here is an idea on how to make this right, and I think everyone might be happy. When doing a boundary line adjustment, you do not need to run the new line parallel to the existing line for example you don't need to give him 5 feet or so all the way down the line. After looking at the old original diagram, you could take the boundary line in question and run it at an angle the axis of the property line being about in its center. On the Westside (or the road side of the property) the OP would give his neighbor several feet along the road, and on the east end of the property (or the lake side) the neighbor would give the OP an equal amount of footage. This is assuming the axis is in the middle of the property. Now, assuming the lake frontage has more value than the road frontage, you could move the axis point of your line a little to the east thereby the neighbor would not be giving up as much footage along the lake, as the OP would be givi h up along the road. The first scenario I mentioned would give both property owners an equal amount of property in exchange. The second option would apportion each property owner according to the value exchanged. I hope I explained this clearly enough
"My life is better than your vacation"
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Re: property-surveying-legal questions
[Re: BernieB.]
#7252870
04/27/21 12:32 PM
04/27/21 12:32 PM
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Joined: Jan 2007
Posts: 17,868
MN
160user
trapper
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trapper
Joined: Jan 2007
Posts: 17,868
MN
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One thing to keep in mind is that the most recent surveyor is right. I had one of my lines run by a registered land surveyor. The neighbor didn't like it and got one of his drinking buddies who is a surveyor to run it again and low and behold the line moved 50+ feet. Crooked? Yes! My only legal recourse? Pay the $7500 to have the line run again. It sucks.
I have nothing clever to put here.
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Re: property-surveying-legal questions
[Re: 160user]
#7252874
04/27/21 12:38 PM
04/27/21 12:38 PM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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One thing to keep in mind is that the most recent surveyor is right. I had one of my lines run by a registered land surveyor. The neighbor didn't like it and got one of his drinking buddies who is a surveyor to run it again and low and behold the line moved 50+ feet. Crooked? Yes! My only legal recourse? Pay the $7500 to have the line run again. It sucks. Request a meeting with all parties.
formerly posting as white dog
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Re: property-surveying-legal questions
[Re: FairbanksLS]
#7252879
04/27/21 12:42 PM
04/27/21 12:42 PM
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Joined: Jan 2007
Posts: 17,868
MN
160user
trapper
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trapper
Joined: Jan 2007
Posts: 17,868
MN
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One thing to keep in mind is that the most recent surveyor is right. I had one of my lines run by a registered land surveyor. The neighbor didn't like it and got one of his drinking buddies who is a surveyor to run it again and low and behold the line moved 50+ feet. Crooked? Yes! My only legal recourse? Pay the $7500 to have the line run again. It sucks. Request a meeting with all parties. I did. They refused based on most recent surveyor being correct. The guy is a real "peach".
I have nothing clever to put here.
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Re: property-surveying-legal questions
[Re: 160user]
#7252883
04/27/21 12:45 PM
04/27/21 12:45 PM
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Joined: Jun 2010
Posts: 270
West Virginia
WV Danimal
trapper
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trapper
Joined: Jun 2010
Posts: 270
West Virginia
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One thing to keep in mind is that the most recent surveyor is right. I had one of my lines run by a registered land surveyor. The neighbor didn't like it and got one of his drinking buddies who is a surveyor to run it again and low and behold the line moved 50+ feet. Crooked? Yes! My only legal recourse? Pay the $7500 to have the line run again. It sucks. Glad you brought this up, dealing with that right now also. Have one deed, that shows my boundary. Another survey done 12 years later by the neighbor shows the line about 20 feet off to his benefit. How can that be? I'm no surveyor but I thought coordinances are global/exact???? Who and how do you figure which one is correct?
Trash your goals and plans for life. Just wing it and you'll never be let down!
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Re: property-surveying-legal questions
[Re: BernieB.]
#7252885
04/27/21 12:48 PM
04/27/21 12:48 PM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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Did your surveyor provide you with an explanation? He should have. All surveyors are human. I don't know any that are crooks.
formerly posting as white dog
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Re: property-surveying-legal questions
[Re: BernieB.]
#7252886
04/27/21 12:48 PM
04/27/21 12:48 PM
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Joined: Dec 2014
Posts: 2,477
Tug Hill, NY
Squash
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trapper
Joined: Dec 2014
Posts: 2,477
Tug Hill, NY
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I don’t know the law in MN , but in NY if someone uses the property openly and notoriously for 10 years they may have a claim to the land through adverse possession. They have to prove that right, and it can be expensive to prove adverse possession in court. So I would get it surveyed and locate the exact line ASAP.
Last edited by Squash; 04/27/21 12:49 PM.
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Re: property-surveying-legal questions
[Re: 160user]
#7252888
04/27/21 12:50 PM
04/27/21 12:50 PM
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Joined: Sep 2007
Posts: 5,963
South metro, MN
Calvin
trapper
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trapper
Joined: Sep 2007
Posts: 5,963
South metro, MN
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One thing to keep in mind is that the most recent surveyor is right. I had one of my lines run by a registered land surveyor. The neighbor didn't like it and got one of his drinking buddies who is a surveyor to run it again and low and behold the line moved 50+ feet. Crooked? Yes! My only legal recourse? Pay the $7500 to have the line run again. It sucks. Depends on who that registered surveyor is: A registered DNR surveyor surveyed one edge of my field a few years ago. He marked the line about 30 feet into my corn field...which was another 40 feet from the actual line. Luckily I knew where one of the original corner- markers was located (from the 1800s I was told) If you ever want to see a surveyor jump for joy like he just won the lottery, watch him find one of those old 1800s corner markers. It's entertaining and apparently a pretty big deal for a surveyor to be that accurate. I always wondered how accurate the online GIS maps were.
Last edited by Calvin; 04/27/21 12:52 PM.
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Re: property-surveying-legal questions
[Re: BernieB.]
#7252897
04/27/21 01:01 PM
04/27/21 01:01 PM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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I doubt the neighbor is going to go to court and spend thousands when he probably could move the existing shed with a come-a-long.
formerly posting as white dog
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Re: property-surveying-legal questions
[Re: BernieB.]
#7252938
04/27/21 02:08 PM
04/27/21 02:08 PM
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Joined: Sep 2011
Posts: 2,593
sometimes PA sometimes ME
ebsurveyor
trapper
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trapper
Joined: Sep 2011
Posts: 2,593
sometimes PA sometimes ME
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Seems there are folks from every walk of life on here so here's a question for those of you who might know something about these topics. I have a piece of lakeshore property and as you can see by the photo, my neighbor to the north has a building which seems to be sitting partially on my property according to the GIS lines. No big deal to me, I want to be a good neighbor and I'm not interested in causing a stink, I've never said anything about it to him. It's just a pole building he stores his boat in. The GIS lines are not legal anyway. ![[Linked Image]](https://trapperman.com/forum/attachments/usergals/2021/04/full-2193-95050-property.png) So now he decides to build another building and pours the concrete pad which appears to also have a corner on my property. I put a box on the pic where it is located. So I decide to contact him and chat about it. He says he doesn't know where the property lines are exactly and he's sorry if it's on my land. After some discussion, he stops construction on the building and calls a surveyor. The surveyor says it will be $2500 to find the property line. The neighbor then calls me and asks if I'll pay half of it. At first I figure that's fair enough but after thinking about I'm not really sure why I should. I finally told him don't worry about it let's just live and let live, which he seems okay with but now it's been 6 months and he has not continued building. Gotta feeling this isn't over. It's really not worth it to me to pay $1250 just to know where the property line is. Should it be? And the next question is, if the buildings are actually on my land, What are my options? Sell him a slice of land? Is that worth all the trouble? Looking for advice. UPDATE: based on the advice below I called the county zoning department and asked about setbacks. There is a setback requirement of 10 feet for both buildings so I am certain he is violating that, even if he's not violating the actual Line. Everyone I have talked to in the zoning and land departments are telling me that the lines are spot on. I guess my only real choice at this point is to sell him a slice of land. If he's not willing to buy the land and pay all the costs, I guess then we'll decide where to go from there. Interestingly, the zoning department checked and told me that he has not applied for a building permit yet. I am a licensed Professional Land Surveyor in PA. I'll start by explaining what GIS means. GIS = Get It Surveyed. GIS lines are not "spot on" at times they are close, but never accurate for land boundary disputes. Selling a slice of land may not be easy. Most municipalities will have a book of rules explaining what must be done to sell the slice. In PA both properties would need surveyed and a sub-division plan filed. Without knowing parcel sizes I would guess you're looking at a $10,000 + job. At a minimum (to protect you interests) tell him in writing to remove his structures from your land or tell him that his structures are in violation of set back requirements and may in fact be on you land. You can either make a complaint with the governing municipality or let it slide. Letting it slide could result in you losing some land thru adverse possession.
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Re: property-surveying-legal questions
[Re: HayDay]
#7252965
04/27/21 03:01 PM
04/27/21 03:01 PM
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Joined: Jan 2007
Posts: 5,219
Northern Minnesota
BernieB.
OP
trapper
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OP
trapper
Joined: Jan 2007
Posts: 5,219
Northern Minnesota
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If you have a lot, there has already been a full survey done. You just need a surveyor to do a spot survey to find the pins......if you can't find them yourself.
Get it settled now, as a property line encroachment is a cloud on the title of both properties. His mistake, he gets to tear it all out and move it. There may be some other options to settle this, but mine is mine and yours is yours is the best route long term.
Have also seen several instances where survey lines have moved. Generally corners and fences set on lines established by government surveys done 150 years ago. With modern equipment, new surveys move the lines. Have yet to see a good resolution or standing rule of thumb or law to settle it. Guy who gains ground is always happy. Guy who loses ground always not.
Only one of the corners of my lot has a marker and it's on the opposite corner.
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Re: property-surveying-legal questions
[Re: FairbanksLS]
#7252966
04/27/21 03:02 PM
04/27/21 03:02 PM
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Joined: Jan 2007
Posts: 5,219
Northern Minnesota
BernieB.
OP
trapper
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OP
trapper
Joined: Jan 2007
Posts: 5,219
Northern Minnesota
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I doubt the neighbor is going to go to court and spend thousands when he probably could move the existing shed with a come-a-long.
Don't think you're going to move a pole building or a concrete slab with a comealong.
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