Re: Baught a piece
[Re: WhiteTrash 88]
#7667772
09/09/22 08:55 AM
09/09/22 08:55 AM
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Joined: Apr 2014
Posts: 7,085 MO
cfowler
trapper
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trapper
Joined: Apr 2014
Posts: 7,085
MO
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Dang WT, hate to hear you’re having problems. You’re doing the right thing by going to see a lawyer. Hope things work out for you.
I trap for fun. I skin 'em for the money! Grinners For Life-Lifetime Member, MO Chapter, Den #1 ~You Grin, You're In~
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Re: Baught a piece
[Re: WhiteTrash 88]
#7667986
09/09/22 03:10 PM
09/09/22 03:10 PM
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Joined: Jan 2011
Posts: 481 Southeast KY
K91773
trapper
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trapper
Joined: Jan 2011
Posts: 481
Southeast KY
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I agree with you crowfoot, that existing “ ancient “ fences are hard to overcome. Missouri fence law and “ adverse possession are another part of it. He made no improvement’s to the 180 foot since he lived there for 40 years. A house was built and improvements made on the 70 some feet on my side of the fence. How does the previous owner of the ground borrow money to build a house on said ground, with out having clear title to it. Isn’t that what title insurance is for? If I would have got a survey done, would it of showed any thing different than what his shows? My deed plainly states starting and ending point is the quarter section line. Section line’s run in straight lines completely through the entire county. And as I said before, nowhere in my deed are the words used MORE OR LESS. Don’t know if that word age is used in his abstract deed. Crowfoot I did go to assesser’s office and get copies of the like maps you posted. He explained to me that they are aireial overlays and don’t necessarily show exact dimensions. I asked him to measure their overlay of my ground while I was standing there. It showed 9 acres but they have been taxing me for 12 like my deed shows. Assuming that the surveyor who did the work for your neighbor did not make an error and your surveyor finds that the deeds overlap, it will all go back to the senior deed, in this part of the Country (KY) it will often go all the way back to a land grant patten deed from the time of the Revolutionary War. Also it is important to know if the surveyor was hired to do a registered survey or to just run the lines of the property the difference is that in a registered survey the surveyor will establish the validity of the calls in the deed before doing the survey if they were just hired to run the lines they just establish the lines as called for in the deed they were given. This is what often results in these conflicts because the deed they were given doesn't reflect a tract that was severed from that tract at some point in the past in a land transaction and there is a superseding deed to the one that they presented to the surveyor this often occurs when a deed is found to a tract in a person's papers and effects when their estate is being cleaned out and the heirs don't check at the Courthouse for more current deeds. But at any rate, it is a situation that has to be resolved, as far as the previous owner borrowing money, just like the title company you dealt with the bank took their deed at face value. When was the survey done to establish the previous owners deed? If the surveyor finds that your deed is offset, in other words you own the amount of property that you thought that you owned but the boundaries are just not where you thought they are that is also a bit problem for you as well. Just be thankful that you are in a part of the Country that uses the township and range method of surveying, as opposed to the meets and bounds method as the township and range method uses unchanging markers for the survey as opposed to going by a certain diameter oak tree to another certain diameter hickory tree at a given bearing and distance. Also if you haven't already done so, I would recommend that you go to the courthouse and get a copy of the neighbors deed and any registered surveys that apply to either deed. You are probably in for a long drawn out and expensive battle if the error is not obvious on the survey or when the deeds are compared. Hope this goes well for you, it sounds like all the neighbor has to lose or gain is a few acres whereas your home is at risk.
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Re: Baught a piece
[Re: WhiteTrash 88]
#7667995
09/09/22 03:28 PM
09/09/22 03:28 PM
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Joined: Mar 2020
Posts: 7,391 W NY
Turtledale
trapper
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trapper
Joined: Mar 2020
Posts: 7,391
W NY
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Better take video or pictures of all the trees, shrubs, fences etc...before he destroys what could be critical evidence. And take a couple of measurements to the trees from a corner of your house
NYSTA, NTA, FTA, life member Erie county trappers assn.,life member Catt.county trappers
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Re: Baught a piece
[Re: WhiteTrash 88]
#7668062
09/09/22 06:17 PM
09/09/22 06:17 PM
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Joined: Dec 2006
Posts: 11,946 Oakland, MS
Drifter
trapper
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trapper
Joined: Dec 2006
Posts: 11,946
Oakland, MS
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Didn't think was legal to reroute a creek .
Some individuals use statistics as a drunk man uses lamp-posts — for support rather than for illumination.
Andrew Lang (1844-1912) Scottish poet, novelist and literary critic
Life member NTA , and GA Trappers assoc .
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Re: Baught a piece
[Re: WhiteTrash 88]
#7668140
09/09/22 08:18 PM
09/09/22 08:18 PM
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Joined: Dec 2006
Posts: 11,946 Oakland, MS
Drifter
trapper
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trapper
Joined: Dec 2006
Posts: 11,946
Oakland, MS
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Corp of engineers can tel you I bet.
Some individuals use statistics as a drunk man uses lamp-posts — for support rather than for illumination.
Andrew Lang (1844-1912) Scottish poet, novelist and literary critic
Life member NTA , and GA Trappers assoc .
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