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  1. #1
    oteu159 is offline Junior Member
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    Property line survey

    What is the name of your state (only U.S. law)? California
    When a surveyor plots a property line, can he do it by himself or does he need a partner? I ask this because my neighbor, not a good neighbor, had the land surveyed because he was hoping, among other things, for some gain.

    So another question, if he needs help or accepts help to plot the line, is that proper? Hopefully it is a cut and dried answer.
  2. #2
    justalayman is offline Senior Member
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    depending on what equipment the surveyor uses, he can run a survey by himself or he could need a partner.



    So another question, if he needs help or accepts help to plot the line, is that proper?
    Not sure what you mean here. A surveyor isn't likely to ask Joe Neighbor for assistance for a variety of reasons. If he needs a 2nd man, he should hire somebody that is trained in the art.
  3. #3
    oteu159 is offline Junior Member
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    Quote Originally Posted by justalayman View Post
    depending on what equipment the surveyor uses, he can run a survey by himself or he could need a partner.



    Not sure what you mean here. A surveyor isn't likely to ask Joe Neighbor for assistance for a variety of reasons. If he needs a 2nd man, he should hire somebody that is trained in the art.
    Not sure how this site works. Basically, this guy, who knew full well that road existed as sole easements, before he bought, is trying to worm his way across my land( use my 1800' driveway as access to a small corner of his 40 ac ) and/or make me and other neighbor move driveways off his property. None of us, other neighbors included, do not trust this guy in any way. He is not the guy I would trust to mark proper smots...if indeed he did. Of course line is not quite where I always thought it was. Easements should make line location kind of moot. Thanks for any insights.
  4. #4
    FarmerJ is offline Senior Member
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    Any one can use current markers and long tape measures to attempt to locate lot lines but in court I suspect that a licensed surveyors report would have a higher value as to court recognition.
  5. #5
    justalayman is offline Senior Member
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    You post isn't very clear, at least to me.

    Not sure how this site works. Basically, this guy, who knew full well that road existed as sole easements, before he bought, is trying to worm his way across my land( use my 1800' driveway as access to a small corner of his 40 ac ) and/or make me and other neighbor move driveways off his property. None of us, other neighbors included, do not trust this guy in any way. He is not the guy I would trust to mark proper smots...if indeed he did. Of course line is not quite where I always thought it was. Easements should make line location kind of moot. Thanks for any insights.

    has somebody had an actual survey?

    only a surveyor can legally establish a lot line. Anybody can grab a tape and possibly find some markers and go wild. That would not be legally acceptable and the accuracy would be highly suspect.

    as to the easements making the line moot: why?
  6. #6
    154NH773 is offline Member
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    I am also confused by your question.

    It seems to me you have a poor understanding of easements and the whole issue of how to establish rights and boundaries. Easement rights are, or should be, spelled out. He and you can only do what is stated in an easement, and neither of you can interfere in the rights of others holding easement rights on your property.

    What is your actual problem?

    If you don't trust his declaration of where the lines are, or what his rights and yours are, simply get your own survey and read the filed easements.

    my neighbor, not a good neighbor, had the land surveyed because he was hoping, among other things, for some gain.
    He cannot GAIN from a survey, he can only determine his ACTUAL rights.
    Last edited by 154NH773; 08-22-2012 at 11:11 PM.
  7. #7
    oteu159 is offline Junior Member
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    boundary

    The line is moot as far as the road is concerned. There are 3 properties involved. The road to a mutual corner of 2, 40ac parcels( parcel a and B) was built in 1980. I extended that road thru my property(A) for about 1300' and in order to cross a creek the road builders infringed on adjoining parcel(B) by about 15' for about 50'. That original owner asked if he could use my 'driveway' to access his 40ac. I gave him permission for occasional use. In 1981 the group that owned all the parcels originally realized they had another 40ac parcel(C) that was landlocked. So, he got easement from me and parcel B. That new owner then extended and improved the road thru parcel B and such roads have been in use ever since. Except that owner of B was forced by me to build his own driveway in 1946 when he became a permanent resident and I took his permission away. He also was infringing on Forest land in order to gain access, so it was the forest service that forced him to build another way to access. He then tried to block me from that little section that crossed the creek and was unsuccessful. The next owner also tried to make me move road, unsuccessfully. So now this new guy, not only wants me to move road, but wants owner of C who has written easements to move off his land. He really wants to use my driveway to access his corner and I offered to give him permission, but that was not good enough. This guy is a Blank! He is one of those people who threatens to sue everybody. He thinks he can fence his 40ac parcel with no regard to our access. WE have a court date in Oct, but I think he is still bluffing. The guy is not even living on this land, and he does't plan on it for 10 years. I hope he gets hit by a truck! This all came about basically, because the title company made no mention of the easement or roads thru his property, even though this individual and the real estate broker both knew roads were in use. Well, this was more than I planned on saying here, but I hope it is interesting.
  8. #8
    154NH773 is offline Member
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    He then tried to block me from that little section that crossed the creek and was unsuccessful. The next owner also tried to make me move road, unsuccessfully.
    What do you mean by "tried unsuccessfully". Did you go to court? If so; what was the court's decision?

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