Property Lines

[oosik]

The three of my corners that are surveyed are marked with 6' rods driven in the ground and a survey cap on top. Basic survey data has been inscribed on these caps. They are driven in so the cap is level with the ground. I have placed large rocks around these caps to protect from the neighbors cattle and any other type of abrasion.

 

[mables357]

that sounds and reads like my deed

 

[fishheadbob]

My deed is a beauty that has descriptions like "to the top of the bank on the other side of the creek", or "along the old barbed wire fence to the large elm tree" (yeah, right, they died in the 1950s) . Which old barbed wire fence. I have a spot where there are 2 stakes for the same boundary about 20 feet from one another. Which is the right boundary ? I'm lucky that for decades I had good neighbors who understood that boundaries were vague when the Dutch surveyed way back when, but since this property sits over some gas and oil resources, that could all change if the resource is ever developed. Old neighbors passed, new ones are unknowns.

 

[Turbys_1700]

When I was a young boy back in the 60's my grandfather took me over all of his properties. Most of those boundaries were marked by rock piles, trees, metal rods, etc...Since then my father has had all properties run with accurate metal rods on the corners. I am currently selling off a few building lots on the back side of the farm and it takes forever to get surveyors to get any work done. Very busy now.

The properties that I am selling are located on a local state maintained tar and gravel road. The state determined years ago that it was not fair to charge landowners tax on property that was in the right-of-way. Surveyors start at the center line of the highway and come back to the right of way boundaries to start the corner. It's more fair now but then the country just raises the rate to make op the difference. You can't win.

 

[LouNY]

My deed is very simple, it references following the stone walls Northerly so many feet, then Easterly so many feet, Then Southerly, then Westerly.
I expect when I sell it will need a new survey.

 

[kthompson]

Had a person buy a small piece of land I wanted and owner said I was the only person who could use it. Other person ended up with it and no survey for he had studied surveying and is a know it all. However he ended up with a piece of land he is not able to get driveway onto it as the frontage was too narrow for legal drive way. Now a license surveyor would have adviced him of that.

 

[Wsmitty]

To the OP, you and your neighbor went about it all wrong. You get in a heated argument about where the boundary is and can't agree, you both hire surveyors and lawyers. After spending thousands you finally get your day in court. You and your lawyers are both just sure you will win. Before the trial begins the judge tell you to take the argument out in the hall and reach an agreement, he is not going to mess with silly boundary disputes and waste the courts time. Then you reach the agreement just like you did from day one. The difference is you didn't make a lawyer any money in the process.

The above paragraph is meant as a joke but after surveying for over 30 years, I've seen it happen more than once.

Years ago a coworker brought a property and the new survey revealed that his neighbors stone wall, running the entire length of the boundary, was sitting a couple feet onto his property. The neighbors kids used to run along the top and play around the short wall. His lawyer recommended as a CYA for potential liability, to have a conversation with the neighbor and have him sign a lease the lawyer drew up. IIRC it was like a 100 year lease for the sum of $1.

My co-worker spoke to the guy and joked that the lease and a 6 pack would seal the deal. The neighbor became enraged and stated the wall had been there for many years and it was on his property, stating the new survey was wrong.

Fast forward. After multiple surveys (the neighbor ordered a new one that confirmed his wall was on my coworkers property. He eventually found a surveyor to agree with him), lawyer fees, etc., they end up in court. The judge looks everything over and finds that the wall is on my co-workers property. The judge tells my co-worker it's his call. Offer to lease an easemant he had originally, or have the wall removed.

My coworker was so pissed at all the neighbor put him through, he had the judge order the guy to remove the wall.

 

[DrRod]

I too have a deed that is built on statements like: from the rock pile, 50 paces from the oak, and from the line surveyed by captain Croghan. All this from before the civil war. Most of it runs up against state game lands and is deep woods so it really doesn't matter much. The county seems to have a good map so we rely on that for timber sale boundaries.

What's interesting here is that we have living lines. About 20 of our 200 acres extends into the next county. Its seen as trivial so for tax purposes they just bend the county line around our property line and consider it all in the majority county.

Also of interest is that there is a very old cemetery on state ground right on our border. As I understand it, the state can't own a cemetery so again they just bend our property line to incorporate the cemetery.

As an aside, the cemetery was associated with a log cabin Dunkard church in the 1800's. The old part has the graves laid out sort of north/south rather than the standard east/west. No one can say why. Maybe I'll start a thread on that to see if anyone has any insight into it.

 

[EddieWalker]

There is one side of my property with a fence. The front has a highway, and another side is the middle of a creek. Two other sides where thick woods. I talked to the owner about clearing a fence line, but not knowing where the property line is exactly and wouldn't until I got it all cleared I could run a string from pin to pin. He said to take out as much as I wanted so he would have access to his side of the property line too. I honestly still don't know where the line is, I just keep working at clearing it all when I have the time and he seems totally unconcerned with what I'm doing.

When I have it all cleared and graded, I'll run the string and ask him to take a look. If he agrees that it's where it should be, I'll sink a few T posts along the line and that will be that.

 

[TXHF]

Mine is from a survey this year so it's all rods, survey caps, precise compass directions and GPS coordinates. I'm going to evacuate the sod around those pins and pour in a 8" ring of concrete to protect the pin and cap so long as I can get my two neighbors to agree.