surveyors on my property

[BudAshes]

so apparently the neighbors got a divorce and now the wife owns some useless property between me and the neighbor guy who is still there. Now she is surveying this property to see if my driveway is partially on her property. This driveway has been there 20 years or so. I can't figure out wtf her plan is.

 

[JulesMaximus]

Shoot them. It's the only way to be sure.

 

[lxskllr]

Do you know that's the reason? In any case, time means nothing. Your driveway could very well be on her property. More likely is she's suburban trash, and being ridiculous with someone else's money.

 

[dave_the_nerd]

More likely is she's suburban trash, and being ridiculous with someone else's money.

Yup, that. She won't really care or make you move your driveway, even if it turns out it's on her property. This is about the divorce.

 

[OBLAMA2009]

when i got my property surveyed it turned out that the neighbor had put his fence two feet into my property. i later caught him moving the surveying stakes. i also found out i owned a third of my other neighbors backyard

 

[nickbits]

lookup adverse possession. basically if they don't do anything about it after a certain amount of time, the land is legally yours. might depend on local ordinances, but i wouldn't worry about it.

 

[Newbian]

Is she hot?

Divorce sex ftw.

 

[lxskllr]

lookup adverse possession. basically if they don't do anything about it after a certain amount of time, the land is legally yours. might depend on local ordinances, but i wouldn't worry about it.

Adverse possession is justifiably very hard to implement. Rules vary by locale, but they're generally complex, and difficult to fulfill.

 

[Naeeldar]

Adverse possession is justifiably very hard to implement. Rules vary by locale, but they're generally complex, and difficult to fulfill.

Yep. I've seen people have to move fences because the old neighbors didnt' care and new ones did.

It could be a big deal if your driveway is on their property.

 

[techs]

IIRC in most areas of the country you would have what is called an "easement" meaning since she let you use the property for a driveway for so long she can no longer revoke the privelege.
http://en.wikipedia.org/wiki/Easement

 

[EagleKeeper]

She needs to determine the amount of property that is owned because of the divorce - each wants accounting of the assets.

the question begs; did you put the driveway in with a survey or did you purchase the house without a valid survey.

If you purchased the house with what was though a valid survey and the dirveway is within that survey lines; then the title company should be liable w/ respect to the survey and driveway.

If you ignored the survey; you are at fault.

 

[nickbits]

IIRC in most areas of the country you would have what is called an "easement" meaning since she let you use the property for a driveway for so long she can no longer revoke the privelege.
http://en.wikipedia.org/wiki/Easement

maybe that's what i meant..

 

[EagleKeeper]

IIRC in most areas of the country you would have what is called an "easement" meaning since she let you use the property for a driveway for so long she can no longer revoke the privelege.
http://en.wikipedia.org/wiki/Easement

Easements have to be granted and logged

 

[GobBluth]

so apparently the neighbors got a divorce and now the wife owns some useless property between me and the neighbor guy who is still there. Now she is surveying this property to see if my driveway is partially on her property. This driveway has been there 20 years or so. I can't figure out wtf her plan is.

Eminent Domain. You win.

*EDIT*

And by Eminent Domain, I meant Adverse Possession... (get those two mixed up)


SOURCE: Used to be a Surveyor.

 

[imagoon]

The word estoppel comes to mind. Specifically Estoppel by silence or Reliance-based estoppel. Assuming you got an "ok" at some point.

IANAL

 

[JoeyP]

When I was in the fire dept, a neighbor maintained part of the FD's property that was adjacent to his. Not sure if he was trying to claim the land as his after doing so many years of maintenance, but every year, the FD's attorney sent this person a certified letter that acknowledged and thanked him for maintaining FD property.

 

[highland145]

I've got 2 pieces of property, one 8ac rectangular, one 50'X800' with another 50x800 piece separating them. At some point in the past, flag lots were parted off. Too bad the original owner didn't pay the taxes on one of them, lost it at a tax sale. Oops. So I bought it, minus a slice.

If I put a fence across it...25 year wait (S.C.). Not worth the effort.

 

[DrPizza]

20 years = I think adverse possession would work in many (most) jurisdictions?

 

[lxskllr]

20 years = I think adverse possession would work in many (most) jurisdictions?

There's other requirements also, sometimes including paying tax on the property.

 

[BudAshes]

I actually just want the survey now as it costs several thousand to do one and is really difficult where I live. I'm hoping I get a free copy of it out of the deal. The last one on record is from the 50's

 

[highland145]

20 years = I think adverse possession would work in many (most) jurisdictions?

When I 1st looked it up, could have sworn it was 25. Now, I'm finding 10 to 20 with certain provisions.

Still not worth it, taking some guy's property.

 

[BudAshes]

Well at the end of all this years later and all, the title insurance company got involved and they found that the the amount of property that was in question was worth about 100 bucks. Haha. We're selling the house now and the title company paid for the re-drawing of the lines due to the fact that this should have been taken care of before the original purchase.

Nice that this somehow all worked out with us spending 0$ and the silly people that own the property spending thousands on surveying, wasting money on a lawyer, hiring a real estate agent to sell their worthless property that has been on the market for 3 years now and wasting their time harassing us(including reporting us to the county for bs building code violations that led to nothing). Now the house will sell for a pretty penny and we know there are no property issues that will get in the way. I guess in the end they did us a favor...

I guess the lesson here is don't be a dick when you don't have to. If they had instead just come to us with their issues and offered to sell us the property we would have bought it, they would have made their money and been done with it. Instead they decided to play hardball and force us to pay their insane price for the property and they will get nothing. The county wont give them permits to build on it, put a septic on it or even put a driveway on it. Ouch. But they did pay several thousand dollars to buy into the water agreement in our neighborhood, so they can water their acre of poison oak and fire-hazardous fallen trees if they feel so inclined. We even just found out that their realtor dropped them as a client because they wont reduce their asking price.

 

[MongGrel]

20 years = I think adverse possession would work in many (most) jurisdictions?

That or landmines and claymores

:sneaky:


The city still owns and easement in the backyard that runs right up the edge of my pool, had never looked into it much, but I doubt they are going to take it over for anything after 40+ years and anything they would do would screw a whole mid range neighborhood up radically.

 

[OutHouse]

wow necro update!

 

[KMFJD]

Years go when I was working internal help desk some redneck from new Jersey called us and threatened to shoot some of our contractor's that where working on a pipeline on his lawn.....never could understand how he got the Houston reception office and also why the fucking the receptionist would transfer that angry redneck to a computer help desk....I think we ended up telling him to call his local police department or something. ...