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  #1  
Old 06-13-2006, 01:02 AM
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OLD FENCE VS SURVEY- WA State


What is the name of your state? WASHINGTON STATE

I tried searching, but it too cumbersome, so please excuse my question if it is a repeat....

I bought (from my mother's estate) 10 acres in which i was raised. Prior to my mothers death, she had the property surveyed. The neighbors where told of the new survey, and property markers where place, and since been removed by the neighbors (neighbors line only). The survey line varys from 30' ft to 126' on a north south line running 1500'. There is alot of acreage at stake.

I want to log the timbered portion, which has an old fence line. The neighbors logged several (25) years ago, and it was obvious by the tree's they left, that they were aware of the true (survey) line. Since the logging, the elder neighbor has died, and we now have to deal with the son.

Do I have the survey restaked, and go about logging the timber, or do my neighbors have rights to the property. FYI the neighbors have not did anything to the property in question. No fence mainanence, or any animals grazing. What are my options ? Does a Survey rule as far as property lines are concerned? If the new survey isnt valid, what are my options for the east boundary, which the city and eastern neighbor has already acknowledge the survey? Do I technically get squeezed out of my property?

Any info would be appreciated************** Thank you in advance..... Chris What is the name of your state?

Last edited by m martin; 06-16-2006 at 01:07 PM. Reason: no response yet
  #2  
Old 06-14-2006, 09:23 PM
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Location: Elgin, IL USA
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Does the legal description of your property mention any fence lines and are or were there any fence lines near described boundaries when the description was originally written (maybe fence was added later to keep grazing animals out of the woods)?
  #3  
Old 06-15-2006, 10:36 PM
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Originally Posted by efflandt
Does the legal description of your property mention any fence lines and are or were there any fence lines near described boundaries when the description was originally written (maybe fence was added later to keep grazing animals out of the woods)?
Thank you for replying.....

The legal description of the property is an old one. It describes it as "the north half of goverment lot # ???. It doesnt mention any fences or structures.

This is my take on ths situation: When my mom had it surveyed in 1998 which is several years after they purchased it(35 yrs), that the technology today allows for more precise identification of the section lines, ect. The property is located on the county/city line. The neighbors to the east have already acknowledged (including the city) the additional property they acquired when the new survey was completed. The neighbors on west line (in question) are not acknowlegding it. They are pretty adimant about the "fence" being the property lines.

I would just like to be able to know that a current (only) survey is justifiable for property boundaries. The property has no surveys recorded other than the 1998 survey that my mother had done. The only legal descriptions are the 1/2 and 1/2 of old goverment lots, which dont say much.

Thank you in advance for any advice......Regards...Chris
  #4  
Old 06-16-2006, 05:18 AM
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Sheesh, get a current survey. Show it to said neighbor and go about using your land unless some adverse possession has taken place.
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