Help! I need legal advice re: easements

LBrown59 · Nov 30, 2004

Back in the early seventies I had a piece of land surveyed when I bought it. Later I had a surveyor survey it off into a subdivision and sold the subdivision to a developer in 1982. The County Auditor claims I still own .2029 acres of the property and has been billing me for Real Estate Tax on it now for 22 years. I haven't paid a cent on it. Lets see them foreclose on a piece of land that doesn't exist!

In the late nineties a next door neighbor claimed a storage building on property I owned at the time was 3 feet over the line on their land. I told them to get a surveyor and have the lot line surveyed. Never heard no more from them after that.

I have observed that no 2 appraisals of the same property are alike. No 2 surveys of the same property are alike either.

I have even seen the same surveyor survey the line dividing 2 different properties come up with 2 different boundaries between the two parcels.

Junkman · Nov 30, 2004

( I have observed that no 2 appraisals of the same property are alike. No 2 surveys of the same property are alike either.

I have even seen the same surveyor survey the line dividing 2 different properties come up with 2 different boundaries between the two parcels.)

I can agree that no two appraisals will be alike, but I have personally owned property that has been surveyed by more than two surveyors and each time they found the same coordinates, meets and bounds and there was no discrepancy. If there is a discrepancy between two surveys of the same property, there has to be a definite reason for the discrepancy that can be clearly explained. If the surveyor comes up with a discrepancy and can't explain why, I would be very suspect of his work. The only time that there should be any question is when the deeds don't have a legal descriptions, but a general one, such as from the corner with the pile of stones, to the big oak tree. When this happens, you need to have it interpreted into a legal description and then get boundary line agreements with all the neighboring property owners.

LBrown59 · Nov 30, 2004

( First, let me say that I am truly sorry to hear what has happened to mdbarb. It is a sad that our justice system let this happen.
Bill Tolle )

It is a sad that our justice system
btolle =
*******************
=We don't have a justice system any more. All we got is legal manipulation.

LBrown59 · Dec 1, 2004

F. Be sure you know what ponds and low places are on the land. If there is a low place that holds water for more than 7 days a year it could be considered wetland and protected by federal law.
btolle
***************
What about a wet spring ?
Would that be considered a wetland ?

***************

DocHeb · Dec 1, 2004

Posting multiple replies to an ancient thread (although your comments are meant to be helpful) is not helpful.

btolle · Dec 1, 2004

( F. Be sure you know what ponds and low places are on the land. If there is a low place that holds water for more than 7 days a year it could be considered wetland and protected by federal law.
btolle
***************
What about a wet spring ?
Would that be considered a wetland ?

*************** )

Probably not, a spring that runs year around would not be considered a wet land. It would be classified as a stream. However, if it dries up part of the year it "might" be a wetland. I say "probably" because the EPA (and other government agencies such as the Corp of Engineers) is not always consistent in their determination of wetlands.

To put it another way: Tell 6 different people to go get a can of blue paint. I doubt that any 2 cans of paint they bring back would be the same shade of blue.

The EPA goes by the following definition (mostly):

"Wetlands are areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season. Water saturation largely determines how the soil develops and the types of plant and animal communities living in and on the soil. Wetlands may support both aquatic and terrestrial species. The prolonged presence of water creates conditions that favor the growth of specially adapted plants and promote the development of characteristic wetlands soils."

For more about EPA wetland definition see Wetlands

Bill Tolle

mdbarb · Dec 4, 2004

Painful as it is I felt I should check in...
the legal system moves on we negotiate
Looks like I declare bankruptcy
good news is I keep the property
Bad news is he's still my neighbor
and I'll be paying for the next 30 years for an imaginary infraction
being right doesnt count
being truthful doesnt count
Being naive about life and/or the justice system is, well...naive
Im a wiser but unfortunately more cynical man than I was 2 years ago.

stephan · Dec 4, 2004

Mdbarb,

I was in a similar situation but here in Australia we don't have the litigation you guys do. I was in the situation reversed to what you were where I lived in the back and a crown road went past the retired couple down the road. Back in 1997 when this problem started it was with the people we bought our house off. Now a crown road is a piece of land owned by the Govt to enable access to properties. It is administrated by the Govt and a permit can be granted to "enclose" the road with a persons property to save the cost of fencing. A feature of the permit is being able to graze the road and to be able to put a gate across the road.

I have attached a letter I wrote to the Govt about their behavior and it included a good explanation of what happened. Unlike you we only had one day in court (Lands board is like local court) and we won. Sense prevailed on the day and in fact that is how the courts are described here. They try to apply the most sensable solution.

I am not writing this as an example of how good I was to win, in the end there was nothing but years of stress and I can tell you the thoughts that went through my mind were rarely legal. My partner and I never buckled to those temptations and we were lucky we didn't.

My last observation is that the American legal system is in a bad way. Perhaps if everyone (American) from TBN wrote a letter to someone in Govt change might be possible? At the very least you get to vent!

Libertine · Dec 6, 2004

stephan:

My last observation is that the American legal system is in a bad way. 

Indeed. You are fortunate that, as far as the legal sytem goes, you are closer to the "mother" country than the US, became independent later, and are closer to the inherited common law basis for the legal system. The US is further away from its roots. Also, Britain still has vestiges of a class system where the aristocracy, weakened though it is, still has a certain sense of noblis oblige. At least in the area of a sane legal system, all of the more recent colonies of the UK are better off than the US.

JEH

mdbarb · Apr 25, 2006

Well a 4 year ordeal has drawn to a milestone if not a conclusion.
The devout followers know the previous details.
We have now finished with the appeals court and in their wisdom they have found:
That they do not find sufficient reason to overturn the jury's judgment - meaning I need to pay the neighbor the initial judgment of $420,000 plus 10% interest now over $500,000.
Although a juries decision is considered sacred, in their wisdom they decided to overturn the judges ruling that was in my favor so now they get a #@!$^ of money plus they get to clearcut a 20' swath thru my property. Many trees and fences would be destroyed and I wouldn't be surprised if they did it just for spite.
We are refinancing from a 4.7% loan that was to be paid of free and clear in just a few years (one of our life goals) to a jumbo no-interest loan that will last my lifetime. Most future financial plans from kids college to investments or retirement are scrapped. We are back to square one. Expect to write them a check in a week or so.
But my attitude right now (it changes frequently) is: big deal so what boo hoo get on with your life, beats brain cancer!
At least we had enough equity so we are not out on the street and it is a problem money can solve.
And I am soooo much wiser on the ways of the world

Thanks for being my sounding board through this ordeal! /forums/images/graemlins/wink.gif