Neighbor thinks he owns my land?

[orezok]

Here in California we have an interesting complication. The last large earthquake here in the Mojave, (Landers 1992) the surface faulting observed along a 40 mile segment from Joshua Tree to near Barstow with as much as 17' of horizontal displacement (north to south) and as much as 6' of vertical displacement.

So where is MY property now? If they use the USGS monument on the east side of the fault for reference, it will move my lines a whole bunch!

 

[dodge man]

Here in California we have an interesting complication. The last large earthquake here in the Mojave, (Landers 1992) the surface faulting observed along a 40 mile segment from Joshua Tree to near Barstow with as much as 17' of horizontal displacement (north to south) and as much as 6' of vertical displacement.

So where is MY property now? If they use the USGS monument on the east side of the fault for reference, it will move my lines a whole bunch!

Thats a good question. Thats why each state has a state specific test the surveyor must pass. I'm hoping the surveyors in California know the answer to that questions and how to deal with it.

 

[patrick_g]

BEWARE there are adverse possession laws in many states. Put the guy on notice, no more trespass. If it were me I'd erase any evidence of his use, even if I had to cut down the trees they used for stands.

Don't try to be a lawyer. Hire one to handle the matter and get it right. Lawyer will probably either send a registered return receipt requested letter of have him served by process server.

Adverse possession in Oklahoma is defined with wordings like...

Open and notorious use of your property.

They do it, you let them get away with it for a sufficient period of time (defined by law) and shazam... it is THEIR PROPERTY!!!

Pat

 

[JB4310]

The interesting thing about this thread is obviously how protective we are about our property lines. that is something that is fairly new, in our evolution, to our DNA.
Just look at this country, went from an open space, really not owned by anyone, to this matrix of "private" property owners in a matter of a few hundred years. :confused2:

Do we really own it or are we just managers, paying rent (tax) to use it ?

JB

 

[LD1]

I am surprised at how much attention this thread has gotten. I really appreciate the knowledge and experiences that have been shared. I am going to talk to them as soon as my dad gets home from work. We'll see if there is a problem after that.

I have been following this thread with interest. Mainly just tagging along to see what the outcome is.

If I missed it, I apologize, but you say you bought the land off of your dad. Did at any point in the last 17 years (you say they bought it in 1995) did your dad give them permission to use that section of woods?

I agree with the others that I think you need to talk to them first. This could all be just a huge mis-understanding. Maybe they think they own that section???? Maybe they think since there is a new owner next door (you), that you are clueless and they are trying to take advantage of you??? Who knows. But talking to them ASAP will dictate what further action you take.

 

[JB4310]

Thats a good question. Thats why each state has a state specific test the surveyor must pass. I'm hoping the surveyors in California know the answer to that questions and how to deal with it.

Also, what about the people with waterfront property, where one side is described as the medien water line. those are always changing.

I know a guy that owned a small piece of waterfront property that was a building lot, but due to erosion, enough area was lost that it no longer met the minimum requirements. Went from a valuable piece of real estate to a bird sanctuary, that his kids couldn't even camp on anymore.

JB

 

[survriggs]

This thread has gotten a lot of attention! I took Strum's question to task and started writing all about surveying, etc. etc. then I saw Dodgeman's post. Basically the same route I was taking. So, I'll just save you all some time of re-reading the same thing. I've surveyed for 34 years, taught surveying workshops and short courses and still find that there is always something else to learn about surveying. Also, any comment or criticism regarding surveyors...I've already heard it at one time or the other.
Enjoy reading the comments!

Ralph

 

[patrick_g]

The interesting thing about this thread is obviously how protective we are about our property lines. that is something that is fairly new, in our evolution, to our DNA.
Just look at this country, went from an open space, really not owned by anyone, to this matrix of "private" property owners in a matter of a few hundred years. :confused2:

Do we really own it or are we just managers, paying rent (tax) to use it ?

JB

Ownership is often of paramount importance to folks who believe they own. Ownership is illusory. Still, given our modern situation we aren't all that far off. Stewardship vs ownership is at best a philosophical difference. Ownership is a practicality, probably a necessary practicality in most situations.

My surveyor temporarily installed a ground mounted GPS unit with a tall vertical antenna. Then one of the crew wore a backpack GPS unit. Their accuracy is so good it doesn't differ sufficiently from PERFECT to be worth mentioning it.

My quarter section (1/2 mile by 1/2 mile) is near the south end of the county. The original surveys were made from north to south so errors compounded and grew such that the southern part of the county had the greatest errors, The section (640 acres, a square mile) that my land is part of is a non-standard section. It is a bit larger than standard. Long before I bought it a survey was done improperly using an assumption that it was a regulation section. Consequently, a 1.2 acre "bite" out of my land for a residence has its legal description all messed up which is why I hired a surveyor.

Actually everything is laid out perfectly just several feet offset to one side of what the description says. Then later I swapped land behind the residence for land beside it and the old description is obsolete. The residential lot is still 1.2 acres. Due to my quarter section being larger than normal I still have a full 160 acres and a hair more after subtracting out the 1.2 acres.

Having a survey instead of relying on ANY OTHER INFORMATION is a good idea.

Pat

 

[brin]

You do know you can ask your surveyor come out and just flag your 350 feet of property line that is in question...that is what I have done in one incident I had in the past...that should not cost you much...he has a recorded survey to use and can simply come out and verify the calls and flag it every 50 ft. or so...should not take him more than an hour to do...and no new survey is required and then it will be up to your neighbor to pay for his own survey to prove you wrong...In my view there is no reason for you to pay for a new survey...just an update and verification of one property line of an existing survey....Hope this helps...it worked for me. Good Luck

 

[EddieWalker]

Here in Texas, if you allow somebody access to your land for free, they cannot sue you for an injury that might happen while on your land unless it can be proven that you where grossly negligent in creating a hazard and not safeguarding it.

If you charge access to that same land and they get hurt, then it's real easy for them to go after the land owner in a lawsuit.

Nothing indicates Adverse Posession is a factor here. I'm not sure why it's even brought up since it's been posted repeatidly that it has to go on for 21 years there.

As for why I protect my property lines and do not want anybody on my land without my permission, its because I pay the taxes on the land, I take care of it, and it's where I live. This is my home. What I find uncomprehendable is that people who want and expect to be be able to come and go on my land would call the police on me and maybe even pull a gun on me if they found me in their backyard. What is the difference? My yard is bigger, but it's still my yard!!!!!

Eddie