Is it Illegal to....

[woodchuckie]

There are lots of pins,pine knots,axles,piles of rocks etc at the corners of our land. Some were put there by surveyors,some by land owners but they are really useless except for knowing about where your corner is. Because the land hasn't been divided, the description on the deeds describes the land as the
s/w 1/4 of the n/w 1/2 of section 23 township 23n range 5E.

 

[RobJ]

There is an island in the Mississippi River that was deeded to a person whose heirs now own the property. The island was originally in Mississippi but islands move. Over the years the upriver side breaks down and the downriver side builds up, moving the island downstream. The island is now in Louisiana territory. Do the heirs still own this island, or did their island disappear and this is a new island? This issue may be decided in Federal Court before long.

hard to say, in Texas the state basically controls the waterways. if the river moved and created the island then the state might be able to take it over. In Galvestion landowners have lost this in court. When the beaches errode, it moves the vegatation line. And the state states that the veggie line is marks their domain. some people have tried to replace the line and fail. The state takes over the property....now called public beach.

as far as the data on line. the counties take care of this in Texas. Plots and lines don't mean much....actual meets and bounds do. These are in the deeds which can be asked for by anyone (nominal costs for printing).

 

[dmccarty]

That is what I have been trying to tell you. All this stuff is online. If not in your area, tell them to get up to 1990.

Hmmm, its online in my county....

But,

How does that help me decide if my neighbor is building a kennel on my land?

With the plot online, how do I use that to determine if my neighbor is building his septic field on my property?

How do I legally post my land using the online plot to find my property lines?

I'm glad I can find my old fashioned Mark I survey markers. Sure makes it easier to do all of the above.

Later,
Dan

 

[hsdfcu]

Hmmm, its online in my county....

But,

How does that help me decide if my neighbor is building a kennel on my land?

With the plot online, how do I use that to determine if my neighbor is building his septic field on my property?

How do I legally post my land using the online plot to find my property lines?

I'm glad I can find my old fashioned Mark I survey markers. Sure makes it easier to do all of the above.

Later,
Dan

I like paperless and markerless. Pretty easy to tell, for me, where my prop ends. Then again laws in my area state certain things need to be at least 10 feet from line, if not 20 on most. Do I relly care if someone is over by a few feet based on the 10 to 20 feet rule? NO. Never the grandfather crap.

In my area the online is so easy to use...I can find out where my yards ends within inches. I have no makers, If I did why are they there on my land and who put them there. And why are people walking on my prop. In my yard, I can do as I see fit..bye bye.

 

[tallyho8]

There are lots of pins,pine knots,axles,piles of rocks etc at the corners of our land. Some were put there by surveyors,some by land owners but they are really useless except for knowing about where your corner is. Because the land hasn't been divided, the description on the deeds describes the land as the
s/w 1/4 of the n/w 1/2 of section 23 township 23n range 5E.

That's a good one Woodchuckie but I bet my legal description beats yours:
A certain tract of land situated on the west side of the Mississippi River, at about 13 miles above the city of New Orleans and formerly forming part of the Willswood plantation, measuring one half arpent, more or less, fronting on the public road along the west side of the Mississippi, by a depth , between parallel lines to the intersection with the right of way of the Texas & Pacific Railroad, said depth being 15 arpents, more or less, east by lands now or formerly of John Smith, and west by lands now or formerly of Al Smith.

Now you see why our surveyors charge so much.

 

[txdon]

woodchuckie, Some original markers, described in the old deeds I have, are a rock and one as a tree. Could it be illegal to move the rock or tree?


Here is another related interesting question: My 4 corners are on the same elevation. The land in between the corners is hilly. If the land was like a piece of paper and laid flat and re-measured would I actually have more acres? Do I have more acres?

 

[Bird]

s/w 1/4 of the n/w 1/2 of section 23 township 23n range 5E

Woodchuckie, that sounds just like Oklahoma. At least that's the way all the mineral rights were described.

 

[HappyCPE]

OK, I know my rods from my chains, but what's an arpent?

Oh, and to stay on topic, moving monuments in NJ is illegal. But then again, so is everything else.

 

[AndyM]

OK, I know my rods from my chains, but what's an arpent?

I know, I know!!! I looked it up...

1) The arpent as a unit of length was equal to 10 perches.
2) The arpent that was a unit of land area was equal to one hundred square perches.

 

[Dusty]

I think the common law principle you're referring to is called "adverse possession". As I understand it, if one possesses what is legally another person's real estate for a continuous period of 21 years, and the owner has taken no action during that period to assert his property rights, then the person that maintained possession for 21 years would have "adverse possession" as a defense should the owner seek to assert his property rights in the future.

To meet the requirements of "adverse possession" it has to be with the knowledge of the owner and you have to continue to use the property without his permission and against his will. This is quite hard to prove today, since most people will just say that they allowed you to use the property with permission. In other words, it has to be open, continuous, and against the property owners will. There are some instances where a fence is placed on the wrong side of the boundary and continues for many years under the "right of ownership" of the land that will also constitute adverse possession, but those cases are rare.
Dusty