Surveyor mistake - a big one

[heehaw]

many years ago, we bought a lot in a subdivided section, right in the middle of a state park: the lot was 90ft wide: fenced, with corner stones that had been there for 15 years or longer etc etc...then found out, about 6 lots over, the state owned a lot, an someone had built a cabin on it, 20+ years ago: you cannot adverse possess land from the state or federal govt: all the lots were suppose to be 50ft wide...mine was 90, the neighbot next to me was 60, so you know where the foul up came from...everyone from there over was on the wrong lots, each with a nice little cabin that had been there for 20+ years: anyway, we all went together and found another lot and bought it, and traded it to the state for the one they had long ago lost: "but" legally, the only one that was in trouble was the one that was on the states lot..we just all pitched in to solve the problem...can't even imagine how much lawyers would have made out of all the suits if everyone had wanted to fight it..
heehaw

 

[Wayne County Hose]

I don't understand this adverse possession stuff. Let's say I live next to a mansion on 1,000 acres. Some billionaire buys it for investment purposes. Never comes to see it. Now I move in and claim it as mine. I am trespassing until the 7 years come. So, if I break the law for 7 years, then go to the courthouse and tell this to the prothonetary, they will then give me the deed? Back in the 1800's, you get hanged for this, now you get rewarded? How does a law like this get written in the first place? Can I move onto a state owned parcel near me and do the same thing?

 

[heehaw]

can't adverse possess from govt agencies, local, state or federal: you have to use, and improve or maintain the property for 7 years: in Florida the part about having to pay the property taxes should cut out all adverse possession cases i can think of: but yes, you can legally steal property this way: the purpose of it, in my opinion, is better than title insurance or abstracts: you buy something, pay taxes on it, maintain it, for 7+ years, then someone with a 50 or 100 year old deed can't show up and say they own it...as has happened in some states that don't have this law.
heehaw

 

[RobJ]

can't adverse possess from govt agencies, local, state or federal: you have to use, and improve or maintain the property for 7 years: in Florida the part about having to pay the property taxes should cut out all adverse possession cases i can think of: but yes, you can legally steal property this way: the purpose of it, in my opinion, is better than title insurance or abstracts: you buy something, pay taxes on it, maintain it, for 7+ years, then someone with a 50 or 100 year old deed can't show up and say they own it...as has happened in some states that don't have this law.
heehaw

As far as the taxes, anyone can pay the taxes and I think it might public information if the taxes are past due.

Also in Texas, if you own a large piece of land, purple paint on the trees is the same as a fence, border and posted sign. It's a CYA for this type of possession.

 

[MarkV]

Just my opinion and I mean no offense to anyone, much of what is said on this site about adverse possession is way over played. Possible, evidently yes, does it really come into play on any kind of regular basis, I don’t see it. There has never been anyone here on TBN that actually has had this happen or knew of anyone it has happened to that I can remember. There surely have been some terrible stories where the courts made judgements that didn’t seem right from the little I knew. But adverse possession, I want to see how many cases actually occurred in Florida in the last year. An attorney friend of mine says it is very rare.

The original posters problem was that he and his pervious neighbor got terrible information from a licensed surveyor. Pretty unforgivable to me. Based on that they both developed what they thought was their property to suit their setting. Now, 8 years later John finds he did everything based on flawed information. How that plays out we will have to see. There wasn’t any attempt to aversely possess anything the way I read it.

John, glad you have hooked up with an attorney. I understood your reluctance but this needs to be worked out by those who do this type of thing.

MarkV

 

[heehaw]

i personally know of four times adverse possession was used: one went to court and the one that was using the land, was allowed to keep it: one was against a country club, and the country club bought the land back.. i purchased an acre of land @1975, the fences had been there for 30 years, no survey: the neighbor passed away, adjacent property sold, the buyer got a survey: the first time we met, as he was sticking his hand out to shake mine, he said, "you know the fence is ?? feet over on me, don't you?"..i let it pass and didn't argue, then went to an attorney, he told me, "don't let him take that fence down"..so i didn't, and when i sold the property a couple years later, i passed on the same info to the purchaser...
the person i bought the land from, and the previous owner of the adjacent property, had jointly put the fence up and agreed to call it the line: to "legally" change the description on my deed to the fence, i would have had to go to court etc etc: but i kept possession and use of what i had bought. if everyone goes for 8+ years, living with where they all think the property lines are, an then find out the actual lines are off, why not just redo the deeds to reflect what is actually there? i'll describe the 4th adverse possession later.
heehaw

 

[heehaw]

4th adverse possession: a friend of mine bought a house and 2 acres: right next to an old school building, that had been converted to a fire station: there was a line of trees about 25-30 feet from his house, between it and the fire station: that was what the owner kept saying was the line: when he had it surveyed, the actual line was about 5ft from his house: in this case, the city owned the adjacent property, and they agreed that everyone had accepted the tree line as being the property line for well over 30 years: so they signed a deed, giving that section to my friend..
heehaw

 

[dmccarty]

When we were buying our land I called up the insurance company to check on coverage. The lady I talked was also in NC. She and some family members had inherited land down east. I think it was from Grandparents or some such. None of the people who had inherited the land lived near the property so the only visited very sporadically and did not spend much time looking at the place. One of the neighbors had crossed the property lines to expand his lawn which he kept mowed. I can't remember if a fence was involved or not. In any case the neighbor was able to claim the land as his own.

The legal section in Progressive farmer seems to always have questions about tresspass and adverse possession. I sure don't know if it happens alot but people sure do talke about it alot.

Later,
Dan

 

[Champy]

My Disclaimer: I am not legally qualified to comment on adverse possession or surveying......but like most donkeys I have an opinion...

My 2 cents - Irregardless of the survey's, etc...didn't the new owner walk the property with the seller and discuss how much land was included with the house? i.e - "This here's the lot line, you own back to there; etc...." In a more comon sense perspective, whether it's 5 acres or 4.x, the guy looked it over and was willing to accept the "existing" lot lines as appropriate or acceptable. Why change now due to a poor prior survey?

Get everyone to agree to the existing lines as appropriate; lobby for a waiver from the County Assessor; redraw the plat dwgs; one of you owns 6 acres and the other owns 4. Your property taxes will be higher though, and then have the surveyor company reimburse the new owner for his lost acreage (versus what he thought he was buying).

 

[heehaw]

"Why change now due to a poor prior survey? "
exactly the way it should be: make the deeds read the way everyone has thought it was for 8 years...
heehaw