Sometimes it's worth it to hire a land surveyor

[two_bit_score]

There was a good post in an Ag Law blog I read about a Texas case very similar @fried1765. I’ll try to find it. Of course the locations may have different rules but the facts were much alike.

 

[fried1765]

There was a good post in an Ag Law blog I read about a Texas case very similar @fried1765. I’ll try to find it. Of course the locations may have different rules but the facts were much alike.

The most interesting issue in my case is that I have a CE degree, and surveying experience, although I never did practice as a surveyor.
Point being, that on a fairly large piece of property it is easy to make a mistake on a simple walk through with a realtor, who THINKS he knows which markers are the correct ones.

 

[two_bit_score]

The most interesting issue in my case is that I have a CE degree, and surveying experience, although I never did practice as a surveyor.
Point being, that on a fairly large piece of property it is easy to make a mistake on a simple walk through with a realtor, who THINKS he knows which markers are the correct ones.

Here is a link to a discussion of the case. It involves parallel boundaries in dispute of 90 acres. The blog post contains a link to the actual appeals court decision. It discusses Texas adverse possession and fence line disputes very well. These type disputes are always very fact specific. Always better to address these disputes before rather than after purchase.

The very last paragraph:
“Finally, while it is not always possible, I will go back to the advice that my fellow ag lawyer Jim Bradbury and I offer at every one of our fence law presentations. You’re almost always better off to settle a fence law dispute over a cup of coffee than in the court house. Litigation is time consuming and expensive for all involved. In this case, for example, Hughes’ request for attorney’s fees was in the amount of $440,000. Reaching an agreement is not always possible, but where it is, it can save time, money, and frustration for both sides.”

 

[fried1765]

Here is a link to a discussion of the case. It involves parallel boundaries in dispute of 90 acres. The blog post contains a link to the actual appeals court decision. It discusses Texas adverse possession and fence line disputes very well. These type disputes are always very fact specific. Always better to address these disputes before rather than after purchase.

The very last paragraph:
“Finally, while it is not always possible, I will go back to the advice that my fellow ag lawyer Jim Bradbury and I offer at every one of our fence law presentations. You’re almost always better off to settle a fence law dispute over a cup of coffee than in the court house. Litigation is time consuming and expensive for all involved. In this case, for example, Hughes’ request for attorney’s fees was in the amount of $440,000. Reaching an agreement is not always possible, but where it is, it can save time, money, and frustration for both sides.”

In my case, only a few trees had been cut off the very end of the 99' strip, to enhance my ocean view.
I would not have had the trees cut if I had known.
Adjoining property (99' x 1800') had no structures, and was only marginally buildable, due to narrow width and required setbacks.
Property was rural, and owner had won it long ago in a poker game.
Assessed value was $500 CAD ($400 USD).
Owner was very understanding, and I was very apologetic!

 

[dodge man]

I was involved in more than one survey that went to court over pieces of land that were probably worth a few hundred dollars. Most of the time it seemed like there were bad feelings between adjoining owners that may or may not of had anything to do with the boundary.

More than one time I heard people say there wasn’t a problem until the surveyor showed up. I always answered this by saying you had a problem, you just didn’t know it.

 

[two_bit_score]

In my case, only a few trees had been cut off the very end of the 99' strip, to enhance my ocean view.
I would not have had the trees cut if I had known.
Adjoining property (99' x 1800') had no structures, and was only marginally buildable, due to narrow width and required setbacks.
Property was rural, and owner had won it long ago in a poker game.
Assessed value was $500 CAD ($400 USD).
Owner was very understanding, and I was very apologetic!

Did you make him any offer to buy it? Wouldn‘t that have been a solution?

 

[two_bit_score]

I was involved in more than one survey that went to court over pieces of land that were probably worth a few hundred dollars. Most of the time it seemed like there were bad feelings between adjoining owners that may or may not of had anything to do with the boundary.

More than one time I heard people say there wasn’t a problem until the surveyor showed up. I always answered this by saying you had a problem, you just didn’t know it.

Yeah, but who would they call when they need help with a disputed property line?

 

[jigs_n_fixtures]

Tree limbs growing over a neighbors property tend to usually cause issues.

As I understand the rules, if the limbs are over your property, you have the right to cut. However, the neighbors can/will get upset and claim your cuts damaged their trees.

My Dad had issues with neighbors and their large trees with dead branches over his fence and shed.

Sure enough, one storm came and the dead branch broke damaging the fence and shed.

The insurance companies fought it out and covered the damages.

MoKelly

Whether you can cut or prune a tree overhanging your property is State dependent. Different States have different laws, and judicial decisions. You County Agent can probably clarify what it is where you live.

 

[dodge man]

Shared driveways can be another problem between adjoiner.

 

[fried1765]

Did you make him any offer to buy it? Wouldn‘t that have been a solution?

No.....that would not have been a solution.
I learned from others that he NEVER had sold any land.
He owned another very large piece of land worth several million, and had repeatedly refused to sell.