Help! I need legal advice re: easements

Bird · Aug 10, 2004

When I bought my little 10 acre place, I did borrow a little money from a local bank, and I expected to need a survey done, but the banker said they didn't care one way or the other. In fact, he said, "The last time we had a farm surveyed, we had it done 3 times by 3 different surveyors and they all came up with a different answer." /forums/images/graemlins/blush.gif I did have the title search, title insurance, documents reviewed by an attorney, etc. And there were steel stakes in the ground at the 4 corners, the neighbors agreed they were in the right place, and it was all fenced. According to all the records, it was exactly 10 acres. However, when I sold it, the buyer wanted a professional appraisal and a new survey, which of course I agreed to since he was willing to pay for them. /forums/images/graemlins/wink.gif And the new survey showed one corner to be nearly 3" off and he was getting a total of 10.01 acres. /forums/images/graemlins/tongue.gif But no one's moved any fences. /forums/images/graemlins/laugh.gif

sendero · Aug 10, 2004

This entire situation reminds me of what I already knew, get lawyers involved (be it divorce, property, anything) and the lawyers win and everyone else loses.

I bought 40 acres a couple years ago. When they did the survey, they found that one 2000' fence bowed in about 30 feet at the center of the run. This cost me about 1/4 acre of land. My closing lawyer wrote up a simple letter for the neighbors to sign, that merely asked them to acknowledge that the fence was misplaced - I wasn't asking them to move the fence I just didn't want to lose the land to "adverse posession".

The neighbors insisted that the same survery company had earlier staked the fence line for them and that the fence could not be wrong. I'm pretty sure the fence IS off, but after trying to get them to sign the paper for a couple months, I decided to let it go. There is nothing I can do short of ordering yet another survey and getting a lawyer seriously involved, and for 1/4 acre I'm not willing to incur the costs and the risks involved. Just my 2 cents....

bgott · Aug 11, 2004

"The neighbors insisted that the same survery company had earlier staked the fence line for them and that the fence could not be wrong."

That sounds like B.S. to me. This might upset a native Texan or three but something I've learned since I've moved down here is that the property owner building the fence almost always screws the other guy out of a little land if they are not being watched when they build it. I guess they figure the other guy isn't going to pitch in on the expense so they are going to get theirs, or maybe it's just because they can. /forums/images/graemlins/confused.gif

wroughtn_harv · Aug 11, 2004

A thirty foot bow in a two thousand foot line would be as obvious as a wart on Pamela Anderson's breast.

And it would make me just as upset.

DaveNay · Aug 11, 2004

I agree. Call me a pain, but when I buy something, then I want all of it. We had this exact situation last year....the neighboring farm had planted soybeans almost 12' into our property for the entire 1500' length. We asked him to acknowledge the fact, but he said that his family had been plowing that strip of land for decades (he was probaly right, the old fence line and elevation differences were obvious). Under the advice of our lawer, who said "It's your property, do what you want with it", we actually removed his crop. This assertion of our rights of ownership prevented him from making an adverse possession claim on the property. That and the fact that we copied him on a letter to the title company stating that we may have a claim against the title insurance if he pursued a claim of ownership. /forums/images/graemlins/grin.gif

Dave

higgy · Aug 11, 2004

We had the same situation with a turf farm here. After showing them the bounderies we told them that we wanted our land back after they got their crop. Then they posted no tresspassing signs on out land!

When I approched them they stated that Oh those signes are not ment for you, they are to stop others from coming on the land. The only problem is that there is not a road or other way into that point for more than a 1/4 of a mile. Go figure. We will take this as far as it needs to go.

Bob_Skurka · Aug 11, 2004

Well just to make things a little more official. Thursday morning at 9am I will be meeting the fence crew on my new property. They expect the short run of fence to be a one day job. I expect it to set the line of the property in stone (or in this case bronze colored aluminum designed to look like wrought iron). My fence will actually be a few feet inside of my property line, but it was made very clear to the neighbor that that is exactly what inteneded so I can maintain BOTH sides of it with tractor access.

And the minor dispute I have will be settled.

Onetymeposter · Aug 11, 2004

MDBarb,

Sorry to hear of your situation.
You made mention of the testimony offered by the plaintiff's witnesses and that what they had testified was not possible due to the placement of buildings and topography.

If this is correct then get a transcript of the testimony and a map or overhead photo of the property. Or any photos that make your case. Have your attorney use this in the appeals process to show that the judgement was predicated on false testimony.
Your attorney may even be able to get the witnesses to recant their testimony if he can show them what the testified is perjury.

Just a thought.

This is my one post to this forum. Good luck.

mdbarb · Aug 12, 2004

I agree.
This was one of the most obvious and provable lies.
I wish my lawyer had made a bigger deal of it then.
But hindsight is perfect and I have figured out a dynamite case if only I could turn back the hands of time....

It will most definetly be an issue in the appeal /forums/images/graemlins/wink.gif