Property Line Dispute, What 2 do??

[MADDOG355]

I have a family member that is in a dispute with their neighbor over the property line. She has lived there 20 years and the neighbor moved in about 12 years ago. Long story short the original deed listed the corner marker as a 12" Oak tree. Well the tree was cut down years ago and recently the neighbor had his property surveyed. Well the surveyer found a 12" oak tree :rolleyes: (guess he did not think the tree would grow over the last 20 years) The problem is the tree he went by is 20' over on her property basicly giving the neighbor a half acre. Well when the neighbor starts to put up a fence on the new line she discovers the problem. Well she calls the surveyer and he comes out she shows him the original deed and where the line is suposed to be, He pretty much blows her off and says he is standing by his survey. She calles a diffrent surveyer and he comes out and sees the marks from the first survey and refuses to get involved. she would like to get this resolved without too much expence (she is 70 and on a fixed income). What can she do to get this fixed without a bunch of time and money in the court system?

[buzzaro]

Well, the easiest and least expensive way is to come to an agreement with the neighbor. Im guessing though since they had a survey done they want to stand by it?

[buzzaro]

Also Im not sure where it needs to be recorded, but even if the fence stays she should note her disapproval so that it cannot become theirs through adverse possession.

[whiteworks]

go to your county tax assessors office take the APN# of your property and pull it up, print it out and take it back and walk your lot. that is going to be one expensive fence when they half to pony up the cash for the stolen half acre.:)

[DMOORE]

Hate to say it, but that's what the court system is for. 1/2 acre is well worth the time.
Darrell.

[Baja Big Dog]

This is in Tenn???
Load up the ole muskets and have it out!!!

[boat boy]

Some where filed in the coffers of the city and/or county, should be the origingal land deed. This would give all the picturaluars of the property lines. You should be able to locate it by knowing the sector of the county then locate your property. The surveryors should of had this when they were out.

[mmered8299]

She should sit in her rocking chair by that old tree stumb with her riflle in her lap.

[MADDOG355]

Well, the easiest and least expensive way is to come to an agreement with the neighbor. Im guessing though since they had a survey done they want to stand by it?
Another family member went over there the other night to try to work somthing out and was told " I am not speaking to you" , So we are figuring he already has consulted a Lawyer.
This is in Tenn???
Load up the ole muskets and have it out!!!
We are almost there! The morning after somone went to talk to him he lined his property with NO TRESPASSING signs. So we parked a truck on the line blocking his shop that he has been using her driveway to access. At wich point he called the law. Who basicly told him it we don't have to move it, settle it in court.

[SmokinLowriderSS]

An independant survey, crossed against the original deed, and an attorney.
Gonna get expensive.

[Outnumbered]

Those old metes and bounds legals are a nightmare. I would suggest doing some library work and searching for some old aerial photos. Maybe you can locate the old 12" tree in the old photos? Maybe even some old family photos of the property? I doubt any recorded maps are going to solve the issue. The system used in the old days is not nearly as accurate as the modern lot/block/tract and subdivision systems used out here on the west coast.
This same shit happened to my wife's family on some old property in AR. The good-ol'-boy network in the small town basically screwed them out of their right-of-way and they finally just said fock it and sold it. This was the local's plan all along anyway, they just wanted the Californians out of their neighborhood. They don't take kindly to west coast folk:D

[Mandelon]

I would suggest she call her title insurance company and put them on it. That's what those premiums were for.

[HM]

I don't know shiat about TN. sorry.

[Outnumbered]

I would suggest she call her title insurance company and put them on it. That's what those premiums were for.
Good point. But I'm telling you, it is a whole different world back there. I was totally blown away with how focked up there system was in AR and I have a suspicion that TN is not too much better.:D I'm willing to bet that there was no policy even taken out on the property.

[HM]

Good point. But I'm telling you, it is a whole different world back there. I was totally blown away with how focked up there system was in AR and I have a suspicion that TN is not too much better.:D I'm willing to bet that there was no policy even taken out on the property.
I didn't realize this was in TN....never mind my previous post!

[In2Deep]

I've been down this path -- and it aint pretty. Time consuming, expensive, and frustrating. But there may be hope.
Have her look into the "law of agreed boundaries". I'm not a lawyer, so take this as directional only:....if she can prove that her PREVIOUS neighbor and she "agreed" that the boundary was the oak tree (before it was removed)...and (better yet), if there was some sort of man-made line delineating the property line (a fence, a wall, trees planted in a line, etc.)...she may have a leg to stand on.
Other than that, and unless her current neighbor calms down some and she can reach an agreement herself...actual surveys will most likely rule the day.

[skyskier]

I also have been down this path. IN2deep brought up " THE " point of an existing fence line. In California, ( Riverside County ) there is a term "open & notorious use for 7 or more years" In my situation there were 3, five acre parcels in question. Seems the original owner of said properties used a 25 foot piece of rope to measure the boundries, staked what he felt were the five acres parcels and put up fences between the 3. This was done back in the 50's.
Twenty some years later, my sis bought parcel # 1 , neighbor bought parcel # 2 and I got # 3. One day, neighbor calls me an sez he's talking with my bro inlaw (dumass) an sez he's putting up a "new fence" an wants to survey the lines and they want to split the cost 3 ways. Calls my bro inlaw, ( did I mention Dumass?) an gives him the same story. Say's if we split the survey cost, he'll do the fence as he's in the fence biz. Good deal for us I THINK .
Soon as the "new lines" are defined & staked, me & my bro inlaw (did I mention Dumass?) get the FIRST letter from the lawyers. Turns out the old lines, the ones where the fence lines had been standing for 25 years, were off by 12 feet. Sooooooooooooo the neighbor sues me to move my power pole & barn OFF his 12 feet, and sues my bro inlaw ( did I mention Dumass?) to take his 12 feet that the neighbor had been useing as his driveway , thru " open & notorious use " for more than 7 years.
After 2 court appearences with three different lawyers, attorney fees, survey fees for 1st survey, the Judge says WTF? Get the surveyers back out AGAIN, shoot the stakes where the 25 + year old fenceline has been and re-record it with the county. Total cost for me & my sis, about 18K:mad: the look on my neighbors face, when I built MY FENCE 18 inches on MY side of the old fenceline, painted Lime green with purple polkadots & yellow lightning bolts....PRICELESS:D The old prick finally sold out, I took the fence down & put up a gate so the new neighbor's kids could get into my goatpen an play on the rocks with the goats, plus the goats eat all the neighbor's unused produce ,tree trimmings and whatever dosen't make it in their gardens. Bottom line was the pre existing fence line.

[BiggusJimbus]

That's one of the things title insurance is for, they paid to be certain that the property they bought is the property they think they bought.
I've just been through this with my neighbor, and we are still friends.
Many years ago, the owners of the two properties that preceeded us did not get along. as a big F.U., the owner of my property built a fence that covered three plus feet of his driveway for about 200 feet. this arrangement has existed for about 35 years.
My neighbor was thinking of subdividing his property and did a survey and discovered this discrepency. We both contacted our title companies and filed claims for this property.
The bottom line, the title company PAID me for the land and to rebuild my fence and re-landscape the area that was affected. Took a little legwork on my part, but would up actually making me money.
You'll find that most real - estate attorneys have little ability to predict how these disputes will turn out because the laws are painfully vague on these types of issues.
Start with the title company.

[Brewzed]

To start, she needs to find out if the neighbors surveyor is licensed There are a lot of unlicensed guys doing side work that are a joke and causing all kinds of problems. It's a surveyor's job to look out for both parties involved and not to be one-sided. A good surveyor can re-establish a point/property corner that has been destroyed. She needs to find a licensed surveyor and have her property surveyed. Sounds like she'll probably end up in court.
This is the main reason my company doesn't do residential work.

[Dave C]

Do what this guy said.... The title insurance company should handle this.
Nice, screwing a 70 year old lady out of her land. the neighbor should be ashamed of themselves.
That's one of the things title insurance is for, they paid to be certain that the property they bought is the property they think they bought.
I've just been through this with my neighbor, and we are still friends.
Many years ago, the owners of the two properties that preceeded us did not get along. as a big F.U., the owner of my property built a fence that covered three plus feet of his driveway for about 200 feet. this arrangement has existed for about 35 years.
My neighbor was thinking of subdividing his property and did a survey and discovered this discrepency. We both contacted our title companies and filed claims for this property.
The bottom line, the title company PAID me for the land and to rebuild my fence and re-landscape the area that was affected. Took a little legwork on my part, but would up actually making me money.
You'll find that most real - estate attorneys have little ability to predict how these disputes will turn out because the laws are painfully vague on these types of issues.
Start with the title company.

[OkieDave]

We had a couple guys arguing over the prop line and fence and driveway a year or so ago. One of them punched the other, the other came back with a twelve guage and blew him and his son and his son's buddy to hell. Now the widows have to figure it out.:eek:

[HokeySon]

I would suggest she call her title insurance company and put them on it. That's what those premiums were for.
Ding,ding, ding, ding. we have a winner!

[lewiville]

I also have been down this path. IN2deep brought up " THE " point of an existing fence line. In California, ( Riverside County ) there is a term "open & notorious use for 7 or more years" In my situation there were 3, five acre parcels in question. Seems the original owner of said properties used a 25 foot piece of rope to measure the boundries, staked what he felt were the five acres parcels and put up fences between the 3. This was done back in the 50's.
Twenty some years later, my sis bought parcel # 1 , neighbor bought parcel # 2 and I got # 3. One day, neighbor calls me an sez he's talking with my bro inlaw (dumass) an sez he's putting up a "new fence" an wants to survey the lines and they want to split the cost 3 ways. Calls my bro inlaw, ( did I mention Dumass?) an gives him the same story. Say's if we split the survey cost, he'll do the fence as he's in the fence biz. Good deal for us I THINK .
Soon as the "new lines" are defined & staked, me & my bro inlaw (did I mention Dumass?) get the FIRST letter from the lawyers. Turns out the old lines, the ones where the fence lines had been standing for 25 years, were off by 12 feet. Sooooooooooooo the neighbor sues me to move my power pole & barn OFF his 12 feet, and sues my bro inlaw ( did I mention Dumass?) to take his 12 feet that the neighbor had been useing as his driveway , thru " open & notorious use " for more than 7 years.
After 2 court appearences with three different lawyers, attorney fees, survey fees for 1st survey, the Judge says WTF? Get the surveyers back out AGAIN, shoot the stakes where the 25 + year old fenceline has been and re-record it with the county. Total cost for me & my sis, about 18K:mad: the look on my neighbors face, when I built MY FENCE 18 inches on MY side of the old fenceline, painted Lime green with purple polkadots & yellow lightning bolts....PRICELESS:D The old prick finally sold out, I took the fence down & put up a gate so the new neighbor's kids could get into my goatpen an play on the rocks with the goats, plus the goats eat all the neighbor's unused produce ,tree trimmings and whatever dosen't make it in their gardens. Bottom line was the pre existing fence line.
what a sweet ass story. Did you really paint it those colors?:jawdrop: :idea:

[UltraLucky]

Contacting the neighbor and their surveyor was a good first step. Try the Title Ins. Co. if there is one. Unfortunately the next steps will be more costly. I would try this site for a referral to a qualified surveyor. http://www.taps-inc.com/index.php
An additional and more complete survey is probably going to be required at this point.
There may be other problems in the original Legal Desc. that a competent surveyor could point out prior to any field work being done .

[topless]

One of my best friends is going through this right now and it ain't pretty. The neighbor put a driveway on his property so he could put his RV on it. All I can say is that it's not pretty.

[skyskier]

what a sweet ass story. Did you really paint it those colors?:jawdrop: :idea:
Would'nt said it if I didn't. Why do you ask? maybe gonna repaint your boat?

[C-2]

One of my best friends is going through this right now and it ain't pretty. The neighbor put a driveway on his property so he could put his RV on it. All I can say is that it's not pretty.
Sounds like it was more complicated than initially thought? Did he have to retain counsel?

[skyskier]

[QUOTE=skyskier;2801579]Would'nt said it if I didn't. Why do you ask? maybe gonna repaint your boat?:D forgot the goofy smiley!