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Re: property-surveying-legal questions [Re: BernieB.] #7253038
04/27/21 04:41 PM
04/27/21 04:41 PM
Joined: Mar 2012
Posts: 4,324
AK
F
FairbanksLS Offline
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FairbanksLS  Offline
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Joined: Mar 2012
Posts: 4,324
AK
Originally Posted by BernieB.
Originally Posted by white dog

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.


Attach it to the back of a D-6. Something will move.

To get a building permit he's going to have to provide them with at minimum a plot plan. Instead of trying to get you to pay half he should accept responsibility.


formerly posting as white dog
Re: property-surveying-legal questions [Re: walleye101] #7253278
04/27/21 08:50 PM
04/27/21 08:50 PM
Joined: Jan 2008
Posts: 9,154
Alaska and Washington State
W
waggler Offline
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waggler  Offline
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Joined: Jan 2008
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Alaska and Washington State
Originally Posted by walleye101
Bernie,
Maybe he will let you pile a bunch of junk you seldom use in the corner of the building thats on your property. Then you will have re-established ownership and don't have to worry about adverse possession. grin

This is a creative solution; I know where this exact thing happened with a large pole building. It worked good for years until one of the parties sold their property, then it became a big issue.


"My life is better than your vacation"
Re: property-surveying-legal questions [Re: BernieB.] #7253385
04/27/21 11:05 PM
04/27/21 11:05 PM
Joined: Jul 2016
Posts: 3,928
NY
Canvasback2 Offline
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Canvasback2  Offline
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Posts: 3,928
NY
Get a Building Permit to put up a Fence. When you go to the Building Inspector for the Permit, show him your Survey, and a picture of the neighbor's building and concrete on your property. Ask the Building Inspector if the Neighbor got a permit for that shed, and what the Building Inspector can do if that shed is on your property.

Last edited by Canvasback2; 04/27/21 11:16 PM.
Re: property-surveying-legal questions [Re: BernieB.] #7253397
04/27/21 11:27 PM
04/27/21 11:27 PM
Joined: Aug 2011
Posts: 45,271
james bay frontierOnt.
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Boco Offline
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james bay frontierOnt.
Build a rough old fence about 10 feet on his side of the line-he will pay for a survey.


Forget that fear of gravity-get a little savagery in your life.
Re: property-surveying-legal questions [Re: BernieB.] #7253422
04/28/21 12:20 AM
04/28/21 12:20 AM
Joined: Jul 2008
Posts: 2,414
Idaho Falls, Idaho
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Furvor Offline
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Posts: 2,414
Idaho Falls, Idaho
Another thing to think about is your liability if someone get hurt around his building(s) on your property.

Re: property-surveying-legal questions [Re: BernieB.] #7253433
04/28/21 12:53 AM
04/28/21 12:53 AM
Joined: Dec 2006
Posts: 5,264
Lakeland,Minnesota
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Bogmaster Offline
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Bogmaster  Offline
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Lakeland,Minnesota
Squash,MN. does not have an adverse possession law. If a building or part of it is on your property--no matter how long,it is always your property . One of my neighbors put up one of those tarp type garages and part of it is on my land. He also built a shed that is not set back far enough from my line. I haven't forced the issue ,but made him aware of where his things really belonged. If things ever go down hill between us,I have the law on my side.
Tom


If my feet aren't wet,I must not be trapping.
Tom Olson
MTA life member#100,also WTA life member
Re: property-surveying-legal questions [Re: BernieB.] #7253438
04/28/21 01:18 AM
04/28/21 01:18 AM
Joined: Jan 2008
Posts: 9,154
Alaska and Washington State
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waggler Offline
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Alaska and Washington State
^^^^^^^^
Not trying to be a smart @#$, but I think a little bit of Googling around and you will find that Minnesota does indeed have adverse possession law. I did learn it is 15 years of open and notorious use though; never heard of a State where it is that many years.
OP should get some real legal advice though, don't take the word of us armchair experts as absolute truth.


"My life is better than your vacation"
Re: property-surveying-legal questions [Re: BernieB.] #7253439
04/28/21 01:19 AM
04/28/21 01:19 AM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
J
James Offline
"Minka"
James  Offline
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Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
This is not legal advice, but, assuming you can trust the guy at his word, you might make a deal with him that you'll pay half of the survey, IF it shows the buildings are on his property. But if the buildings encroach on your property, he has to pay the whole cost of the survey.

Try to set it up so he has to honor the deal. Have him front the money for the survey, with the understanding you'll pay him the half if the buildings don't encroach.

As Warrior pointed out, you could possibly lose part of your property to adverse possession by the neighbor if you do nothing. See a lawyer for advice here. But I wouldn't' sit on my hands if I were you.

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: property-surveying-legal questions [Re: Bogmaster] #7253440
04/28/21 01:20 AM
04/28/21 01:20 AM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
J
James Offline
"Minka"
James  Offline
"Minka"
J

Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
Originally Posted by Bogmaster
Squash,MN. does not have an adverse possession law. If a building or part of it is on your property--no matter how long,it is always your property . One of my neighbors put up one of those tarp type garages and part of it is on my land. He also built a shed that is not set back far enough from my line. I haven't forced the issue ,but made him aware of where his things really belonged. If things ever go down hill between us,I have the law on my side.
Tom


If he is there by your permission, it's not adverse possession.

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: property-surveying-legal questions [Re: BernieB.] #7253442
04/28/21 01:40 AM
04/28/21 01:40 AM
Joined: Jan 2008
Posts: 9,154
Alaska and Washington State
W
waggler Offline
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waggler  Offline
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Joined: Jan 2008
Posts: 9,154
Alaska and Washington State
Here is an illustration of what I was suggesting in an earlier post. I actually did a BLA just like this in Washington a few years ago. Most jurisdictions allow BLA's (boundary line adjustments) like this without going through a difficult platting process; exactly for situations like this.

The diagram below will result a situation that exchanges the exact square footage of land between each owner as long as your axis point is in the middle of the property line. The red line represents the new property line. You can experiment around a bit and move the axis point to the east or west a bit, but it will result in one guy getting a little more land than the other guy.

If the neighbor complains that you are getting more lake frontage and that is more valuable than road frontage you can point out to him that he's the one who created the problem by building on your land in the first place.
[Linked Image]




"My life is better than your vacation"
Re: property-surveying-legal questions [Re: BernieB.] #7253444
04/28/21 01:48 AM
04/28/21 01:48 AM
Joined: Dec 2006
Posts: 5,264
Lakeland,Minnesota
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Bogmaster Offline
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Lakeland,Minnesota
James he never got my permission.
Tom


If my feet aren't wet,I must not be trapping.
Tom Olson
MTA life member#100,also WTA life member
Re: property-surveying-legal questions [Re: BernieB.] #7253479
04/28/21 06:25 AM
04/28/21 06:25 AM
Joined: May 2010
Posts: 1,514
Missouri
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Broomchaser Offline
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Missouri
Survey the line in question. If the buildings encroach, cut out a triangle around each corner to allow for setbacks. The line does not have to be straight from the original corners.


Get the US out of the UN and the UN out of the US.
Re: property-surveying-legal questions [Re: BernieB.] #7253516
04/28/21 07:45 AM
04/28/21 07:45 AM
Joined: Jan 2007
Posts: 5,152
Northern Minnesota
BernieB. Offline OP
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BernieB.  Offline OP
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Posts: 5,152
Northern Minnesota
UPDATE:

I had a phone conversation with him yesterday. He realizes he is in the wrong and is very apologetic. The original building was there before either one of us bought the places. The new one is his fault and he admits that. He agreed to pay for a surveyor to come and find the corner and then he wants to run a line towards the water and purchase a pie-shaped piece that will put all the buildings on his land including the 10-foot setback. This would give him more lakeshore which I don't care about since I have no intention of using that lakeshore anyway. My property taxes will go down because the 600 feet of lakeshore I have is what makes my property taxes so high. Good for me and it gets him off the hook.

He says the building materials for the new building will arrive in two weeks and wanted to know what he should do since we can't close a deal that fast, I told him go ahead and finish the building, we'll get this nailed down this summer. He will pay my price for that little piece of land of course but I am not going to gouge him. I'll just pay it on the principle of the mortgage. The bank should have no problem with it since I have plenty of equity on the property. Next step is to go to the bank and clear it with them.

He understands he is going to have to pay for everything. The guy just made an honest mistake and has owned up to it. Wish more people were like this. Plus he knows how to catch walleyes on this lake and now I have some leverage for finding out some of his spots!

Re: property-surveying-legal questions [Re: BernieB.] #7253520
04/28/21 07:58 AM
04/28/21 07:58 AM
Joined: Feb 2014
Posts: 4,243
East Texas
B
BTLowry Online content
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Joined: Feb 2014
Posts: 4,243
East Texas
""He says he doesn't know where the property lines are exactly and he's sorry if it's on my land.""

This statement right here is what would make me take action and then he would care where the property lines are.

Just because you don't know where the property line is is no excuse for encroaching on me, period

And just wait until you ever try to sell that property, going to be a pain

Let people run over you and they will continue to do so.

Re: property-surveying-legal questions [Re: BernieB.] #7253525
04/28/21 08:01 AM
04/28/21 08:01 AM
Joined: Dec 2008
Posts: 8,121
Manitoba
N
Northof50 Offline
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Manitoba
Phone calls are here-say in court ; get things in writing and notorized and get that survey done before the building.

Re: property-surveying-legal questions [Re: Northof50] #7253544
04/28/21 08:31 AM
04/28/21 08:31 AM
Joined: Dec 2006
Posts: 5,981
Rock Springs, WI
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Zim Online content
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Zim  Online Content
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Rock Springs, WI
I sure learned a lot about about how folks perceive legalities concerning boundary law from reading this thread.
Please carry on.

Zim

Re: property-surveying-legal questions [Re: Northof50] #7253549
04/28/21 08:46 AM
04/28/21 08:46 AM
Joined: Jan 2007
Posts: 5,152
Northern Minnesota
BernieB. Offline OP
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BernieB.  Offline OP
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Northern Minnesota
Originally Posted by Northof50
Phone calls are here-say in court ; get things in writing and notorized and get that survey done before the building.



I don't really see any scenario in which this would end up in court, life is too short for that.

Re: property-surveying-legal questions [Re: Zim] #7253985
04/28/21 06:51 PM
04/28/21 06:51 PM
Joined: Dec 2008
Posts: 8,121
Manitoba
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Northof50 Offline
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Manitoba
Originally Posted by Zim
I sure learned a lot about about how folks perceive legalities concerning boundary law from reading this thread.
Please carry on.

Zim


Very good advise for a practicing surveyor to give. lawyering up

BernieB next time they do a land tax valuation. You are going to get his buildings on your tax bill.....are you ready for that.

Last year with the pandemic and all the government money....there was a lot of " Honey DO List" and an very large up-takes of property surveys being done. numbers equalled the last 5 years worth.

Re: property-surveying-legal questions [Re: BernieB.] #7254134
04/28/21 09:45 PM
04/28/21 09:45 PM
Joined: Aug 2009
Posts: 565
Southern MI
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Aaron.F Offline
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Posts: 565
Southern MI
For all those that said, just get metal detector and find the pins or irons, all that means is you found irons or pins in the ground, it doesn’t mean they are your property corner. That is why you hire a Professional Surveyor, it’s not just about wandering around with a metal detector and marking them. Many times those pins or irons are wrong, you have no idea whom set them. A surveyor worth his salt will not be just locating yours but those all around yours and making sure everything is correct.

It’s interesting to me the number of people that like to basically say screw their neighbor, sucks to be him. It’s like everyone these days want to fight, instead of trying to work together for a common resolution. People make mistakes and assume...and we all know what that does.

Bernie it looks like you are going about it in the right way.


60% of the time it works every time.
Lifetime NTA Member
Re: property-surveying-legal questions [Re: BernieB.] #7254143
04/28/21 10:00 PM
04/28/21 10:00 PM
Joined: Sep 2007
Posts: 5,947
South metro, MN
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Calvin Online content
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South metro, MN
I'm glad I don't have to live by some of the people on here. Would probably send me a bill because they thought I once took a little of their air. Sheese.

"love thy neighbor". Lets start there. Just a thought.

Glad it worked out for you, Bernie. As we see it was never worth freaking out over.

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