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The Water Cooler
General Discussion
Fence line vs Survey
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<blockquote data-quote="Surveyor1653" data-source="post: 2977833" data-attributes="member: 5197"><p>[USER=27412]@easy[/USER] please see responses in blue below.</p><p></p><p>There's a lot in play here:</p><p>Under what kind of deed was your title transferred to you? <span style="color: #ff0000">?Explain please? <span style="color: #0080ff">Warranty Deed vs Quit Claim Deed. In a WD (particularly a General Warranty Deed), the Grantor is warranting title to be free of defect. If there is a defect in the title, the Grantor will have to defend it and make you whole if you lose. With a QCD, all the Grantor is doing is saying, "I give up all claim to any rights I might have had in this real property except those specified herein." Always get a WD if you can. For those who ever buy from Fannie May or Freddie Mac, forget it; you're getting a QCD, period. Don't even ask, you'll get DQ'ed out of the bid process.</span></span></p><p>Did your title work include any prior survey documents? <span style="color: #ff0000">Yes <span style="color: #0080ff">This could potentially cause you issues. Depending on what was written on the Seller's disclosure, you may have cause against the Seller if they knew about this issue and didn't disclose it. That's hard to prove. However, since there were previous surveys in the title commitment you received at closing, the court may have expected you to know then that you had an issue from the beginning. It'll depend largely on what the surveys show on the face of the plat. If they show a note on the property line indicating the encroachment of the trash piles or junk cars (and they should have if they were there when the survey was done, as this is evidence of a potential encroachment or unauthorized use) then the court will say you absolutely should have known that you had an issue. This, of course, goes back to my previous statement about proving that the previous owner knew there was a problem. If the survey they paid for showed a problem, then they absolutely can be expected to have known about it. </span></span></p><p>How long has the neighbor been the neighbor? Long story - <span style="color: #ff0000">Neighbor was 'no cost' tenant on parents land. Parents sold part of property in dispute to daughter. Does the 15 year rule still apply or does the clock start over? <span style="color: #0080ff">Depends. There's a principle called "tacking" where, if one land owner satisfies all of the requirements to prove adverse possession except for the time required (say 13 of the requisite 15 years), then the next owner can't just live there for the remainder of the time (the remaining 2 years) and then claim adverse possession. That would be "tacking" his time onto the previous time. Not allowed. Also, it doesn't matter whether your neighbor was paying rent or not. The land's not his. It either belongs to his sister or his parents. They're the ones you're up against. He's just a tenant. If that's the case, you're done talking to that guy. Again, get a title attorney to advise you. <strong>I'm not one, and this isn't legal advice.</strong></span></span></p><p>Did your surveyor pin all of your corners and mark the line when he did the survey? <span style="color: #ff0000">Yes</span></p><p>Did you get an actual boundary survey done, or a Mortgage Inspection? (I'm assuming boundary since you had it done a couple of years after you bought your house)</p><p><span style="color: #ff0000">Boundary survey</span></p><p>Your best bet is to have a cordial conversation with the landowner next door. Ask him politely to relocate his junk and structures. <span style="color: #ff0000">Did this, didn't go well. Stiff neck hairs and terse words about timelines.</span> If that doesn't work, then you can engage a <strong><em>title</em></strong> attorney to potentially send a cease and desist letter with notice to vacate, accompanied by the plat of survey. Where you go from there is up to you under counsel from the attorney.</p></blockquote><p></p>
[QUOTE="Surveyor1653, post: 2977833, member: 5197"] [USER=27412]@easy[/USER] please see responses in blue below. There's a lot in play here: Under what kind of deed was your title transferred to you? [COLOR=#ff0000]?Explain please? [COLOR=#0080ff]Warranty Deed vs Quit Claim Deed. In a WD (particularly a General Warranty Deed), the Grantor is warranting title to be free of defect. If there is a defect in the title, the Grantor will have to defend it and make you whole if you lose. With a QCD, all the Grantor is doing is saying, "I give up all claim to any rights I might have had in this real property except those specified herein." Always get a WD if you can. For those who ever buy from Fannie May or Freddie Mac, forget it; you're getting a QCD, period. Don't even ask, you'll get DQ'ed out of the bid process.[/COLOR][/COLOR] Did your title work include any prior survey documents? [COLOR=#ff0000]Yes [COLOR=#0080ff]This could potentially cause you issues. Depending on what was written on the Seller's disclosure, you may have cause against the Seller if they knew about this issue and didn't disclose it. That's hard to prove. However, since there were previous surveys in the title commitment you received at closing, the court may have expected you to know then that you had an issue from the beginning. It'll depend largely on what the surveys show on the face of the plat. If they show a note on the property line indicating the encroachment of the trash piles or junk cars (and they should have if they were there when the survey was done, as this is evidence of a potential encroachment or unauthorized use) then the court will say you absolutely should have known that you had an issue. This, of course, goes back to my previous statement about proving that the previous owner knew there was a problem. If the survey they paid for showed a problem, then they absolutely can be expected to have known about it. [/COLOR][/COLOR] How long has the neighbor been the neighbor? Long story - [COLOR=#ff0000]Neighbor was 'no cost' tenant on parents land. Parents sold part of property in dispute to daughter. Does the 15 year rule still apply or does the clock start over? [COLOR=#0080ff]Depends. There's a principle called "tacking" where, if one land owner satisfies all of the requirements to prove adverse possession except for the time required (say 13 of the requisite 15 years), then the next owner can't just live there for the remainder of the time (the remaining 2 years) and then claim adverse possession. That would be "tacking" his time onto the previous time. Not allowed. Also, it doesn't matter whether your neighbor was paying rent or not. The land's not his. It either belongs to his sister or his parents. They're the ones you're up against. He's just a tenant. If that's the case, you're done talking to that guy. Again, get a title attorney to advise you. [B]I'm not one, and this isn't legal advice.[/B][/COLOR][/COLOR] Did your surveyor pin all of your corners and mark the line when he did the survey? [COLOR=#ff0000]Yes[/COLOR] Did you get an actual boundary survey done, or a Mortgage Inspection? (I'm assuming boundary since you had it done a couple of years after you bought your house) [COLOR=#ff0000]Boundary survey[/COLOR] Your best bet is to have a cordial conversation with the landowner next door. Ask him politely to relocate his junk and structures. [COLOR=#ff0000]Did this, didn't go well. Stiff neck hairs and terse words about timelines.[/COLOR] If that doesn't work, then you can engage a [B][I]title[/I][/B] attorney to potentially send a cease and desist letter with notice to vacate, accompanied by the plat of survey. Where you go from there is up to you under counsel from the attorney. [/QUOTE]
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