A piece of property I’m buying here in southeast Oklahoma surveys at 58 acres. However, none of the corners are right, with the northwest corner being off by 97 foot. However, most of the place is fenced off and has been for many years. The only section that doesn’t have a fence, the adjoining landowner pretty well agrees with where the survey shows the line to go.

Now, as I said even though all the corners are off, if you look at the area as it is fenced it still works out to about 58 acres, maybe 58.5.

It bothers me the corners are off like they are, but since it has been that way for so long if I were to ever have a problem would the fence lines matter more than the surveyed corners in court? I mean the acreage seems to be there it just isn’t as the survey shows. I’d hate for somebody to buy one of the places south of me where the fence is off in my favor and then they proceed to try to move the fence to what their survey shows and I lose acreage.

Is it common for all the corners on a place to be off according to the survey?

I’m trying to decide if I want to back out of this deal while I can. Or, should I proceed since I do like the place.

Obviously I’m going to consult with an attorney who specializes in this next week but I’d still like to hear input from you guys who have been in this situation before. I don’t want to buy a problem or something I won’t be able to resell in the future if I choose to.

Thanks!

Our family claimed a 8' x 1/2 mile strip of acreage many years ago in Louisiana. Survey was off but it had been fenced and utilized for 30+ years. A good attorney can tell you once he has all the facts. It's an added expense too if contested. With all the corners being off I would be a mite hesitant.

Likely there's a lot more property lines that are way off than there is spot on! Smart move to use the lawyer. And if you find a big discrepancy, might want to get with the neighbors to work it out.

The adjoining landowner where the corner is supposed to be 97’ out in his pasture ain’t moving the fence. As a matter of fact he’s already pulled up the surveyed corner less than a week and a half after the survey was complete.

You may be able to work out a deal with the seller, that part of the property in question, should be deducted from the selling cost until you are able to work it out. The attorney fee's should be paid by the seller.
Here is the law in Texas and they may be something similar in Oklahoma. https://texasfarmbureau.org/wp-content/uploads/2017/02/FiveStrands_Bradbury-min.pdf

He pulled Survey corners I know for a fact he is in Big DoDo!!! At least in WV where a neighbor pulled my back Surveyed line he was arrested for it. My Back line has a fence as well BUT it was a Fence that the previous owner put in over 50 years ago. He owned BOTH sides so at the time he did not care where he put the fence. In WV fence does not mean squat. Survey and your Platte map rules. Your Deed should describe it as well. Whoever wnr around pulling up Survey markers is in violation of the law.

Now is the time to get it right while you got a seller. The proper time is almost always on a change of title.

Otherwise you get issues later on like you suggest or could even lose land due to adverse possession.

Considering what they had to work with 100 years ago (ore more), surveyed property lines were pretty good.......but not as good was what surveyors can do today. And that is complicated by the fact that most sections are not true squares of 640 acres, which means the quarters and quarter quarters are not perfect 160's and 40's either. So once the real deal survey goes down on the ground to match the paper version, all kinds of weird stuff starts to happen.

I am aware of several cases where surveyed property lines and fence lines did not match up and none of them had a good resolution. I have talked to lawyers and title companies and nobody has a good way to resolve it. Title companies in particular will blow you off. "We don't insure property lines or boundaries".

To make it 100% right requires the new and improved accurate on ground survey be accepted by both property owners, and the fence (if there is one) to be moved to the surveyed property line. Except if one guy loses ground from that, he is not going to be happy about it. Most likely Hatfield and McCoy level not happy about it.

Call a good local lawyer down there and get it sorted out before you close.

My kids are in the same trouble right now they bought property 8yrs ago. I told them GIS mapping was not what the realtor was telling them. The bank required a survey, it stated " survey pins are correct ". They bought the house 2yrs later the owner of the disputed property show up wanting them to buy his property because the shop electric meter and front yard was encroached on him. They refused now they are selling the house and are having to get easements and jump through hoops just to sell it. If the one neighbor is pulling the pins and won't work with you now there is already a problem. It is illegal to tamper with survey pins here in Arkansas.

I also had a cousin shot and killed over a 75' property dispute in Oklahoma. Buddy had taken the other party to court and won the case. The fence was 75' off. Buddy built a new fence and reclaimed his property..
The other side made the comment if I ever catch you alone..... For awhile Buddy always had someone with him when he went to the farm. About a yr later he ran out one night to check cows and didn't come back. The other property owner call the Delaware County 911 and told them if they wanted Buddy back they needed to come get him because " I just shot and killed him" . He is now serving life

Good luck

In Push County yes it is common for all corners and fences to be off. Oklahoma does have or at least did have an “old fence” law. Many locals you talk to will swear if the fences have been there longer than 7 years then its official. It’s not that easy, it takes a lawsuit and judge to rule the fence is the line if it differs from the survey. The problem is the parcels everyone is and has been paying taxes on for years has the legal description and in most cases in Oklahoma the legal description doesn’t say anything about a fence. I have been involved in several lawsuits on this issue and as far as I can remember the judge has always ruled in favor of the surveyed legal description and not honored any old fences. So unless you are willing to have a court battle with your neighbor, which is not a good way to start off, then you have to decide if you are willing to go with the way it is and possibly have adjoining neighbors claim their land later down the road if they desire. Just don’t build any structures or improvements near the property line.
It is against the law in Oklahoma to intentionally remove or alter a survey marker established by a licensed surveyor.

Problem lies in IF you try to resale it. People buying might go thru financing that requires a survey. Fix it now . If he is wrong he will have to pay your atty fees.

BTW, least anyone think this problem is new..........there are probably half a dozen or more references to this in the Bible.

One of the more concise versions:

You had a survey done. If your fence is the adjoining property then pull the fence and put it where it belongs. Enough said.

You can check and see if any surveys are on file at the court house, my understanding is the earliest filed survey has precedence in a dispute.

Make certain your deed and corners are properly established. I lost about 23 acres to a neighbor because our grandads agreed years ago for each to farm a portion of the others land for convenience. The neighbor got a survey years later that showed he owned 23 acres of ours. Our deer stated the farm contained xxx acres, more or less.

Very rarely will you find a property survey filed at the courthouse in this area. In this case I highly doubt there was ever a previous survey done. Most people either paced it off or used a roll of barbwire (1/4 mile) to measure off property.

You’re correct Kelly. No survey has been done on this tract before as far as the landowner or the adjoining landowner I mentioned knows. Oh, and this tract is actually about a 1/4 mile south of the Push County line in the edge of Choctaw county.

I know how hard it is to find an affordable piece of land around here that you would like to own. If you were on the fence about buying it I would suggest you have the seller straighten it all out before you buy it. I have known some deals completely fall through waiting on this process, so if you are really wanting the property you may just have to go ahead and deal with the headaches after you get it. The neighbor that did away with the survey marker doesn’t sound like he is very willing to put the fence in the line. I would suggest offering to him to build a new fence(probably won’t work). When he doesn’t go for that I would suggest offering to sell him the sliver of land he is encroaching on at the same price you are buying it for. If all that doesn’t work you could always deed him that sliver and at least he would be paying the taxes on it and not you. You’re pretty good with people and I’m sure you can work something out. Believe me the last thing you want is a neighbor that you can’t get along with.

They surveyed a "block" in the village I live in awhile back. There wasn't enough ground for what the three lots deeds added up to.