What does road right of way line in a survey mean?

[rtj]

What is the name of your state (only U.S. law)? Mississippi

We bought our property in 1976 and had a survey done in 1986 for a second mortgage. The original property was subdivided in 1975 before we bought it. Our deed states that one of the boundaries is a point in the west right of way line of our road. Our surveyor used that point when he surveyed in 76. Now the person who bought the subdivided land wants to use a point that is a corner fencepost which of course, in his opinion, gives him part of our land. He has had a survey done that uses that fencepost as the point. (I'm assuming that his survey is not using the deed as reference) There is no marker mentioned in either our deed or survey, just the road reference and the property on the other side of ours. Which survey will be right? What are our options on this? Thanks for any ideasWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[jimmler]

What is the name of your state (only U.S. law)? Mississippi

We bought our property in 1976 and had a survey done in 1986 for a second mortgage. The original property was subdivided in 1975 before we bought it. Our deed states that one of the boundaries is a point in the west right of way line of our road. Our surveyor used that point when he surveyed in 76. Now the person who bought the subdivided land wants to use a point that is a corner fencepost which of course, in his opinion, gives him part of our land. He has had a survey done that uses that fencepost as the point. (I'm assuming that his survey is not using the deed as reference) There is no marker mentioned in either our deed or survey, just the road reference and the property on the other side of ours. Which survey will be right? What are our options on this? Thanks for any ideasWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Did you have the surveyor mark your corners of your property, or did you just get a drawing showing the house and property when you refinanced? If just a drawing, it probably was not a boundary survey, and you would have to get a surveyor now to perform a boundary survey and mark the corners for you.

jimmler

 

[rtj]

I think we just have the drawing-the surveyor is now deceased, and I don't remember any discussions about any markings, just where a fence was not in the right place. I know this sounds stupid, but how will the marker points be determined? By the description in the deed? Thanks so much!

 

[drewguy]

There are usually set survey points on which your deed description will be based. It differs from town/state and history. For example, it used to be things like 1000 yards from Thomson's bridge to 200 yards from the big oak tree. That got too imprecise so now governments often set down markers that define a measuring point, and everything is keyed off of that.

 

[rtj]

thank you The deed starts as "Part of Section --, Township-, Range 5 west, --county, Mississippi, described as beginning at a point in the west line of [our] Road, said point being the southeast corner of the [neighbor to the north side of us] property. . ." etc (it goes on around the property) to ending with the south side of our property " the said point being in the west right of way line of [our] Road:thence due north along the west right of way of [our] Road a distance of 200 feet more or less to the point of beginning." I don't know if this makes sense or not, but the new neighbor is disputing the east point. We think the right of way point is either at the shoulder of the road, or in the road, but how could that point be marked if it's in the road (which has been widened since the property was originally developed in the 1920's)?

 

[drewguy]

but how could that point be marked if it's in the road (which has been widened since the property was originally developed in the 1920's)?

Some other document likely establishes the precise location of the road--for example, the official survey of your town. The edge of the road may have to be established from some other known point. Not every property has the surveyors points on it. For example, in my neighborhood, which is no doubt extremely different from yours, I was told it was a couple of blocks away. A surveyor would start there, then measure to the edge of the road near your property, and proceed from there.

Why don't you offer to split the cost of a new survey with your neighbor to resolve any questions. What's in it for both of you is avoiding a dispute, because if he insists on building the fence, then you're going to get a survey, and if it shows he was wrong, then you'll force him to remove it and rebuild it. A survey is going to be much cheaper than that.

 

[seniorjudge]

We think the right of way point is either at the shoulder of the road, or in the road, but how could that point be marked if it's in the road (which has been widened since the property was originally developed in the 1920's)?

This happens all the time.

The monument (the road right of way) has literally disappeared.

I suspect (but do not know) that a court would say that the new monument is the edge of the road right of way as it now exists.

 

[jimmler]

Call a local surveyor and ask these questions. You need a boundary survey to know where your corners are, and to check what the other surveyor did.

Most surveyors are happy to answer these types of questions about what they do.

jimmler
I am not a lawyer, I have been in surveying since 1989.

 

[rtj]

Thank you all so very much

These are all very good suggestions and explanations. I have no knowledge of these things and haven't given the matter any thought till now as I thought the matter was settled many years ago! If any more issues come up with this I hope that you will still be available. Thank you