patrickg
Veteran Member
After having put a fence what looked like ten feet onto my property my neighbor put me on his s--t list for pointing it out. He got all spun up and hired a surveyor. Asked me to pay half to which I agreed with provisions that I get a copy of the surveyors report and a copy of the document to which they surveyed. I got neither after weeks passed the completion of the survey.
My surveyor appointment finally arrived and I got an independent survey. Would anyone but me be surprised that they didn't bring a transit??? All electronic, computerized, and nearly fully automated. They use GPS and carry additional rceivers on their pole/wand and another receiver in a backpack that the matching transmitter is set up couple hundred yds away from point of interest with another GPS feening that. Anyway they guarantee fractional inch accuracy. They placed their pins over 5 ft from previous pins neighbor was relying on.
Seems all sections of land are not created equal. One sq mile is 640 acres but not all sections are precisely a mile by a mile. Some are larger some smaller and by a fair margin. To locate the NW/4 of the NW/4 of section xx of range yy of township zz requires finding the mid point of the mid point, not blindly assuming 1320 ft (quarter mile). There was the difference. The pins placed as a result of cutting out a 150x350 ft lot out of a 160 acre (more or less) quarter section were not placed in accordance with the legal description because of the assumption of 1320 ft being one fourth of the section (which is in fact oversized and I got more land than I thought).
I was not happy when the first location was marked and it was over 5 ft from the pin both my neighbor and I thought was OK. This would move the other N-S line to the east aout 5 ft obsoleting over 300 ft of nice pipe fence. I was prepared to just abandon all existing fence, put up new fence on THE correct lines but that would be a real contentious thing as there might be grandfather issues regarding the old survey. And this guys side yard is so narrow they asked several times to buy some footage and I just didn't think it was a nice thing to do (even to a total ^**&^%) it would have made his side yard over 5 ft narrower and have my cows 5 ft closer to his bedroom. I know it is only 5 ft but would be a big % of change and I am extremely slow to be pushed to doing anything to someone just because they are doing things to me. Let them live to their standards and I will live to mine as long as I can.
Original survey was pretty good except for two things they are all about 5 ft too far west and the pins at rear of his lot cheat him out of 6 inches or so. I told him I would fence according to where I thing the line should be so he gets all he should NOT where the pins are because I want him to get every grain of dust he has legally comming to him, then fence him in on three sides and ignore him in perpetuity if he will only let me.
Now I have to find out how to have my deed reworded in the less and except part potentially without the cooperation of the neighbor who would probably try to extort some concession for his cooperation just so noting contentious would happen in the future should wither of us sell or something. I just want to really know that I can put in a fence and have it stand any legal challenge, I don't really care one iota where his 150x350 is located under his house.
Anyone ever try to get something changed slightly in wording on a deed to have it make sense or agree with reality and long accepted use?
Patrick
My surveyor appointment finally arrived and I got an independent survey. Would anyone but me be surprised that they didn't bring a transit??? All electronic, computerized, and nearly fully automated. They use GPS and carry additional rceivers on their pole/wand and another receiver in a backpack that the matching transmitter is set up couple hundred yds away from point of interest with another GPS feening that. Anyway they guarantee fractional inch accuracy. They placed their pins over 5 ft from previous pins neighbor was relying on.
Seems all sections of land are not created equal. One sq mile is 640 acres but not all sections are precisely a mile by a mile. Some are larger some smaller and by a fair margin. To locate the NW/4 of the NW/4 of section xx of range yy of township zz requires finding the mid point of the mid point, not blindly assuming 1320 ft (quarter mile). There was the difference. The pins placed as a result of cutting out a 150x350 ft lot out of a 160 acre (more or less) quarter section were not placed in accordance with the legal description because of the assumption of 1320 ft being one fourth of the section (which is in fact oversized and I got more land than I thought).
I was not happy when the first location was marked and it was over 5 ft from the pin both my neighbor and I thought was OK. This would move the other N-S line to the east aout 5 ft obsoleting over 300 ft of nice pipe fence. I was prepared to just abandon all existing fence, put up new fence on THE correct lines but that would be a real contentious thing as there might be grandfather issues regarding the old survey. And this guys side yard is so narrow they asked several times to buy some footage and I just didn't think it was a nice thing to do (even to a total ^**&^%) it would have made his side yard over 5 ft narrower and have my cows 5 ft closer to his bedroom. I know it is only 5 ft but would be a big % of change and I am extremely slow to be pushed to doing anything to someone just because they are doing things to me. Let them live to their standards and I will live to mine as long as I can.
Original survey was pretty good except for two things they are all about 5 ft too far west and the pins at rear of his lot cheat him out of 6 inches or so. I told him I would fence according to where I thing the line should be so he gets all he should NOT where the pins are because I want him to get every grain of dust he has legally comming to him, then fence him in on three sides and ignore him in perpetuity if he will only let me.
Now I have to find out how to have my deed reworded in the less and except part potentially without the cooperation of the neighbor who would probably try to extort some concession for his cooperation just so noting contentious would happen in the future should wither of us sell or something. I just want to really know that I can put in a fence and have it stand any legal challenge, I don't really care one iota where his 150x350 is located under his house.
Anyone ever try to get something changed slightly in wording on a deed to have it make sense or agree with reality and long accepted use?
Patrick