So what happens when your boundary survey shows problems?

The way to deal with this is VERY simple. Have the seller fix the problems and presnt you with a current and clean survey.


After all not only has he been there a while and should know how to deal with the problem neighbors, if he ticks them off he will be gone!

If I was moving to a new area and had concerns, I would make a list of all the possible problems I could think of and then make an appointment with an attorney in that state that deals in survey law and ask all my "what if?" questions. Survey law is probably fairly similar in all states, but each has its own individual code.
Also, a surveyor can not tell you what you own. He will show you where, to the best of his knowledge, he has determined your corners are. If you have a surveyor and your neighbor has a surveyor not in agreement with yours, guess who has the power to decide which one rules?...The Judge, who may have absolutely no knowledge of land surveying.
Another enlightening read is the state's fence law, which can be found with a quick search. I found MO's on the state extension office site. Who owns the fence?, who pays for maintenece?, what if a tree falls on it?, what if the neighbor's cows get out? All interesting questions with answers you might not expect.

from: Richard, Terri's husband.

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Terri

We have been trying to buy a house in Savannah. We found a really nice one that we really really liked. I was checking on taxes on a site called STIGES or something like that.
It has all the tax records and survey records and bunches of other stuff like that. In reviewing it I noticed that the property lines drawn on the survey map looked odd. Like they ran right through the middle of the house!!
So before we put in a hard offer, we had folks at city office look at it.
Yuppers the property line goes right through the middle of the house. Now has it been that way long enough that nothing could much be done...probably, but I dont want to deal with it. So we backed out.
A few months later I saw someone else had put an offer on the house, a few months later that deal fell though.......now it is sold, went to visit a couple days ago and they are tearing all kinds of stuff out of the back yard. I have no idea what it is.....just glad it isn't me!!! LOL

Alice in Virginia

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There is nothing any worse than an angry little old lady, they've had a lifetime to learn all the dirty tricks and people get upset if you hit them!

I'm actually going through this right now, but in a much more minor and friendly way.

I built my house on the Tridents Fork peninsula in 05. Last house on the island as we say. My property is oddly shaped and part of it is tidally influenced wetlands. So, your site survey may look very different from the land during a high tide.

Ditto with the nieghbor, except that she has almost no backyard and almost all wetlands. She also has no side yard but has over the past 4 years begun creeping further and further into my substantial side yard with her invasive vines and other stuff. Now she is mowing my lawn in part (and wackily so it looks awful) so I asked her why she was mowing that part of my yard. She said it was her yard.

I let her know I was putting up a fence between us just for looks, two rail one that I can plant flowers and such along and the surveyors would be out to mark the boundaries so we could be sure where was what. She hadn't had a survey and didn't even know where the site survey from her closing was (she built over 10 years ago) so she didn't really know where they were.

I kept my survey, called the same company to come do a re-do. They are coming out this week, reading the pins and I'll be sure to show her the line and my permit. It will be only 275 bucks to ensure my pins are set and well marked. New drawing too.

Best to just be sure your paperwork is good before you build or buy and then keep your paperwork!

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Christy
Growing Human
http://growinghuman.blogspot.com

When wearing narrow lenses of hate and ignorance, is it any wonder one finds it difficult to see clearly? - Me

Let us know how it goes!

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You are confined only by the walls you build yourself.

These are good stories folk, thanks for sharing them.

Some minor wording issues

Adverse possession
metes and bounds [not meets or meats]
For sure read your state laws.
This would make a great TV show.

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We will meet in the golden city, called the New Jerusalem,
All our pain and all our tears will be no more.....

You just may be one of the wisest of us all !

Sometimes, by just deciding not to buy the property.

But a fair amount depends on the laws of the area, the type of meets and bounds, the type of encroachment, and the people themselves. Always the people, both them and you.

Simple boundaries with straight lines between immovable long established set pins is easy. Here's the line, this side is you, this side is me. Boundaries going from tree mark to creek edge, curving an arc described thusly, etc, those are messy. So the line is hard to find.

A house sitting on your land is different then a kiddie wading pool of livestock fence.

Many times the issue can be resolved with a simple letter between the parties acknowledging the crossing of lines without any relinquishing of property rights or ownership. Just a simple letter saying a fence is so many feet on the wrong persons land, but no claims of ownership are being made. That stands up in court.

Friendly words before lawyers and lawsuits. It's certainly not the HST way, but I find it works well most times.

There is an error at our corner boundry. Our ranch is completely surrounded by National Forest. There are Forest Service lease land cabins along the road to our ranch.

The plat map shows the nearest cabin property overlapping onto our property.

I made a transparency of the plat map, and placed it over a usgs topographical map just to see where the lease land is, compared to the cabin. Because of the error, the nearest cabin is not located in the land actually being leased from the Forest Service by the cabin owner. Apparently, they either don't know, or don 't care.

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I yam what I yam and that's all what I yam.

Popeye

Have you contacted them about it? What are you planning on doing?

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You are confined only by the walls you build yourself.

Q!uit claim deeds are only limited in scope, there are also warranty deed, special warranty deeds, grant deeds, minors deeds (in LA only), tax deeds and gift deeds, I think I got them all. Quit Claim deeds are normally only between families to give, or give up rights to the property. Normally the type of deed you have depends on where you live and one is not neccessarily superior to the other.

Property line disputes happen, especially, as Yvonne'shubby exampled, when the survey (and legal description on your deed) lits things like "5' to the right of the ash in the middle of the spring that begins on Todd's property." The best thing to do is talk to the neighbors and try to work things out, if not then talk to the title insurer.

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I ask for so little. Just let me rule you, and you can have everything that you want. Just fear me, love me, do as I say, and I will be your slave. Jareth, Labyrinth

I'll show it to the local ranger and see what she recommends. She is very helpful and knowledgable.

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I yam what I yam and that's all what I yam.

Popeye

Or your plat map may be incorrect, or the states plat maps were made in error........ or a host of other things. Check with a surveyor first, they are the ONLY people who have the official authority to determine where boundaries actually are. Anyone can read a plat, anyone can make claims, but only a licensed surveyor can appear in front of that judge and have him pay attention.

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"Nothing so needs reforming as other peoples habits." Mark Twain

Title insurance does not cover boundary disputes. It only covers liens and such.