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Property line dispute, anyone dealt with this?

Discussion in 'Off-Topic Discussion' started by HBdirtbag, May 13, 2019.

  1. May 14, 2019 at 1:20 PM
    #121
    HBdirtbag

    HBdirtbag [OP] New Member

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    that's the problem, we can't locate any stakes or anything to define our property line. We spoke to one surveyor 2 years ago who said the closest stake is at a church 1/4 mile away. They were the original ones who plotted out this development in the 70's. And they wanted $4K to come do a proper survey, lol.
     
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  2. May 14, 2019 at 1:22 PM
    #122
    HBdirtbag

    HBdirtbag [OP] New Member

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    not sure i'm following. "49" is my property. They are to the left. We live down a private road...that's the asphalt you see in front of my house. Where you see the shed on the house on the left, that butts right up against my fence (which seems to be according to this...about 10ft into their property)....but obviously hoping this isn't exact, lol.
     
  3. May 14, 2019 at 1:23 PM
    #123
    xJuice

    xJuice This guy...

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    I was just assuming that your other neighbors line hasn't strayed much from where a current fence or something is currently.
     
  4. May 14, 2019 at 1:48 PM
    #124
    Moon Puppy

    Moon Puppy New Member

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    Oh hell I just realized, I had lunch in Walnut Creek, we have a plant I did some work at in Concord and we stopped at this German place on the way back. Really nice area. D. J''s Bistro.

    NVM, D.Js is in Concord. Still really nice area, swing over to DJs for a good lunch. :cheers:
     
    Last edited: May 14, 2019
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  5. May 14, 2019 at 1:51 PM
    #125
    Moon Puppy

    Moon Puppy New Member

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    So the area the previous neighbor landscaped is this in the red?

    upload_2019-5-14_16-51-34.jpg
     
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  6. May 14, 2019 at 2:22 PM
    #126
    markg

    markg New Member

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    Sometimes these older plots do have metal stakes they just got buried. I've seen them use metal detectors to locate.
     
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  7. May 14, 2019 at 3:22 PM
    #127
    waynescaggs

    waynescaggs No more of this.

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    The old people from Berkeley aren’t going to cooperate they think there entitled to that property, I personally wouldn’t have let it go on for one day.
     
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  8. May 14, 2019 at 5:43 PM
    #128
    belanger9

    belanger9 New Member

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    $4k to do an RPR essentially?!?!?!? :eek: Here those cost around $2-300 bucks IIRC (I'm in construction surveying now, but talk to guys who just left legal surveying) since they can knock out 4-5 in a typical day. If $4k is what it costs for an RPR then I'm in the wrong area and sector lol. Even if there's lots of calculating to find your pins it shouldn't be more than a day to get your lines marked out. You technically don't need a new survey done, you just need the current survey staked out since you're not trying to change anything or sell anything. If lawyers get involved then you would need a signed survey report done.
     
  9. May 14, 2019 at 5:58 PM
    #129
    UTTundra

    UTTundra New Member

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    There are different types of surveys with varying levels of detail and accuracy. The cheap ones might not give you the detail you need to resolve a boundary dispute. The more expensive ones follow standards set forth by certain national surveyors organizations and are what is typically used in legal disputes and commercial/investment properties.
     
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  10. May 14, 2019 at 6:06 PM
    #130
    ttttttttttt

    ttttttttttt New Member

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    I would get the survey, start pulling permits and start the work. Put it on them to stop you (ie. Make them take you to court... They'll lose)

    I had a friend in CA that had a property dispute with their neighbor. In this case there was a utilities easement straight down the property line so each had built a separate fence 5 feet from the actual property line (that's what the easement required) leaving basically an unoccupied void between the two. At some point the neighbor took down their fence which made their yard (appear) 10 feet larger. It's was like this when my friend bought his house.

    So my friend initially didn't realize the fence was so far off the property line until he approaches the neighbor about adding a gate in the fence so he can bring his trashcan in to the yard. The neighbor throws a fit and refused prompting my friend to start looking in to things and discovering the fence was way off. He talked to a lawyer and was told to get a survey to confirm and mark the property line. After that do what ever he wants on his property.

    The neighbor called the cops when the surveyor was "trespassing" and the cops waited for them to finish. Since that established that the surveyor wasn't trespassing they left. The neighbor called the cops again when my friend tore down the fence (in spite). Cops told the neighbor it was now a civil matter and left. Eventually the neighbor lawyered up and sued; my friend defended himself in court and won. It was his land and he could do whatever he wanted.
     
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  11. May 14, 2019 at 6:10 PM
    #131
    belanger9

    belanger9 New Member

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    As far as the field work is concerned there's very little difference, the time consuming part is finding the property corner evidence, the more corners there are and the older the area is can add a lot of time, but even the worst ones shouldn't take an entire day. And for the office work the surveying companies have templates and can churn them out pretty quick, they just get backed up because there's usually more field crews than office people.

    OP can also get the cheapest kind, which is a boundary stakeout. They don't need a report showing the fence and building locations at this time.
     
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  12. May 14, 2019 at 6:39 PM
    #132
    markg

    markg New Member

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    exactly
     
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  13. May 14, 2019 at 7:23 PM
    #133
    Nbw2

    Nbw2 New Member

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    These situations happen routinely here in Virginia. I’m an engineer in a Civil/Survey firm. We get these calls several times a year, almost monthly, to mark a line where there is a property line dispute. Our common disputes calls are for the smaller tracts of lane (1 acre or less) where people will install a fence, plant a tree, add landscaping shrubbery, etc. on or over the property line. Usually a survey to locate the pins on both parcels will resolve the issue, with the licensed surveyor explaining to both parties the measurements and markings provided. Hopefully that will resolve it, and it will not have to go to court. These things get really unpredictable when they go before a judge. It then may come down to who has the best lawyer as opposed to what is right. I would do everything to keep it out of the court system. Your first step though is to get a licensed surveyor to mark the property lines based on the recorded plats. Once the property lines are marked, it should be clear as what is your and what is there’s. Make sure the licensed surveyor (I keep emphasizing “licensed”) gets both parties together and reviews the markings with the recorded plat in hand. As one person mentioned, these laws vary from state to state. A licensed surveyor in your state should be familiar with the law, but they are not attorneys and really can’t and shouldn’t offer legal opinions. A surveyor can only mark the boundary lines as recorded. Good luck with this. These issues can become messy.
     
  14. May 14, 2019 at 7:30 PM
    #134
    Nbw2

    Nbw2 New Member

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    This is from your County’s GIS website I’m guessing. This is a close representation of your parcel, but not a survey. It is not accurate and could be off several feet. DO NOT TAKE THIS AS GOSPEL. I’m a Civil Engineer and we use GIS data often for preliminary designs and gathering information. They are close but not exact at all.
     
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  15. May 14, 2019 at 8:05 PM
    #135
    NUDRAT

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    Like many others already said - this is just an estimation. I was at my town hall & mentioned this data & was told specifically by the assessors office that it is to be used only as an approximation. No worries from this data!
     
  16. May 14, 2019 at 8:06 PM
    #136
    NUDRAT

    NUDRAT New Member

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    Makes the $2,000 I was quoted seem a bargain.
     
  17. May 14, 2019 at 8:53 PM
    #137
    Twinky

    Twinky Keep the shinny side up!

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    I sure this has been asked/said, and my apologies, but how are they going to pretend they werent aware of the exact property lines from the get go? Getting a survey done by one of the parties (not you of course) is part of the process. At least where im at we always did and im pretty sure we were required to.

    When the has was vacant for that long period of time (around a year, correct?) Did you already own your property, or did you buy it after that time period?

    Edit: so the neighbor had encroached before you became the owner.



    And any idea of what your counties grandfather clauses are on property encroachment?
     
    Last edited: May 14, 2019
  18. May 14, 2019 at 9:07 PM
    #138
    Vince

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    Start bulldozing
     
  19. May 14, 2019 at 9:36 PM
    #139
    Baja Mike

    Baja Mike Baja Aficionado

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    When you do build your new driveway on your property, put up a fence/wall to drive home the point that it is your property and give everyone (and future buyers) a solid definition of the property line.


    Bottom line is the new neighbors bought the house knowing that part of the garden wasn't their property. You're being very considerate offering to go halves on a surveyor. You could have paid for it yourself then just dozer'ed their yard right at the line and end up with some pissed off neighbors for as long as either of you are there.
     
  20. May 14, 2019 at 9:53 PM
    #140
    Windsor

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    I have to think there are pins on the property line that are just buried and will be found with a metal detector.
    I own 40 acres which is over 20 miles from the closest town and I can find all 4 corners along with 10 acre lot pins.

    Make sure you do everything legally. Contact the necessary people as has been suggested and get all you paperwork & tax records in order.
     
  21. May 15, 2019 at 3:56 AM
    #141
    Moon Puppy

    Moon Puppy New Member

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    Setup a grill and cooler, have a little party marking territory..invite them with some grill zucchini and squash or something..
     
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  22. May 15, 2019 at 4:41 AM
    #142
    ardnutoz

    ardnutoz

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    I have a similar issue. back in 19 early phuk it was common to not use pins.

    when we bought our house they dont even survey it like they did for us in VA.

    now all I have are remains of a fence that used to surround a pool.

    I would like to have it surveyed but it's well into the 2000 price point.

    my solution. I planted 2 trees where I believe our lot line is (matches where my neighbor wont mow). my neighbor got a case of the ass but if he wants them gone then he needs to have a survey done on that side to prove I'm wrong lol.
     
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  23. May 15, 2019 at 7:18 AM
    #143
    Trooper2

    Trooper2 Premium Texas Member

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    Assuming the fence line is correct, the red line should represent something close to the continuation of the property lines. That should be fairly self explanatory. They need to get a grip!

    upload_2019-5-15_9-17-0.jpg
     
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  24. May 15, 2019 at 10:55 AM
    #144
    HBdirtbag

    HBdirtbag [OP] New Member

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    Nah, i just drew a quick graph, but the one Trooper put up right above nails the issue :)
     
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  25. May 15, 2019 at 11:13 AM
    #145
    BamaGuyinTX

    BamaGuyinTX New Member

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    I don’t see a realistic “adverse possession” claim because the current situation was done with everyone’s knowledge and consent. It also doesn’t strike me as an easement because it is landscaping. And I can see why the setup worked for everyone at one point—-it looks nice. But the neighbors were informed of the problem and assumed the risk that you might put it to another use. I would try to help them reroute the sprinklers as a good will gesture because you have to live next to them. But if they are going to continue to act entitled ....
     
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  26. May 15, 2019 at 11:27 AM
    #146
    cmiller219

    cmiller219 New Member

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    Way nicer than me I would have just started digging shit up and not even mentioned it to them. My land I don't have to ask them. Please update us on this
     
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  27. May 15, 2019 at 11:35 AM
    #147
    Ajkkane

    Ajkkane Old fart.

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    Get your property surveyed, then go to the township to get a permit to put up a fence. Put up your new fence. When your neighbors come over to complain, thank them for the free bushes.
     
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  28. May 15, 2019 at 11:44 AM
    #148
    JohnLakeman

    JohnLakeman Burning Internet Daylight

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    This is just a suggestion for another source which will likely confirm the true legal property line.

    Look up your address on Zillow.com. You can zoom out on the satellite map to include the new neighbors property, then switch to street map...that map will show the lot lines from county plats. It's not anything you can use in court, but if they are shown that even Zillow has the original property line you're trying to reclaim, they may recognize their stupidness. Just a thought.
     
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  29. May 15, 2019 at 12:27 PM
    #149
    Tundra Fan

    Tundra Fan Cotton Member

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  30. May 15, 2019 at 1:39 PM
    #150
    HBdirtbag

    HBdirtbag [OP] New Member

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    this one shows it even worse for me then the county one did :drunk:

    Screen Shot 2019-05-15 at 1.38.44 PM.jpg
     
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