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Why???A "current" survey.

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ralph31

Member
TN
I have observed here on many occasions a recommendation that a poster get a "current" survey. I can better grasp this recommendation where there is a muddled property dispute, i.e. events where property has been divided on numerous occasions, still includes references to chains, missing landmarks, fences that might have been added, etc., and where there are two surveys that appear to leave ownership of a small area in doubt where prior surveys were plotted from different directions.

My question:

In a subdivided area, where the preponderance of lots are of the same dimensions and, there are two adjacent lots of equal size per original surveys made on different dates twenty and thirty years apart, but certified surveys that were paperwork in home purchases, then and in a case such as this where two adjacent property owners are fussing over adverse possession, trees falling, fences added that cross lines, and all of that . . . . . . then if the two older surveys in no way contradict one another, measurements from home to property line and all of that . . . . . . then is there a need for a "current survey" before an action that might lead to a court fight? [My apologies for such a long sentence.]

Surveys can be expensive.
 


Some Random Guy

Senior Member
"Surveys can be expensive."

Yes, but court is even more expensive. If there is a dispute over where the property line really is, then get a professional to give his input before you go willy nilly into a lawsuit without knowing whether you are in the right.
 

ralph31

Member
No quarrel over existing certified surveys.

I'm speaking of a situation where there is no dispute over the property line and a certified survey of each parcel leaves no question of where the property line is located and where the neighbors have no dispute over the property line as is set forth in certified, but older, surveys.

The situation might be one where one neighbor is taking advantage of another by the planting of a tree, moving a fence, etc. The type of action where the solution appears to be one of taking the neighbor to court to obtain a judges order for cease and desist from an obvious trespass. We have been advised here that it is best to bring certain actions to a halt less we face adverse possession.

It just seems a waste for each party in a dispute such as above to pay for a survey when they have no quarrel over the merits of existing surveys.

What do they call it, as two parties can stipulate that the do not question existing surveys?
 

PghREA

Senior Member
A current survey will show the property line and the location of the current trees, fences or what ever it is that the 2 neighbors are quibbling about. These items were probably not there 20 to 30 years ago when the original surveys were done.
 

NCSeekrOJustice

Junior Member
"PghREA A current survey will show the property line and the location of the current trees, fences or what ever it is that the 2 neighbors are quibbling about. These items were probably not there 20 to 30 years ago when the original surveys were done."

I have my survey that was done about 15 years ago and "my neighbor's fence" was there then, when I bought my property and it does appear to be on the survey, but the survey to me (a layman) was not the easiest thing to read. I had no reason to think that there was a problem, until they recently demanded that I disconnect my fence from theirs and upon my investigation I found that their fence is on my property, as is about a foot or so of their driveway. The neighbor's property has been bought and sold numerous times and there was no survey file with the Register of Deeds....now whether they had one done or not I don't know. Yesterday, I did however get a plat printout that shows the properties when they purchased from the ROD
 

HomeGuru

Senior Member
NCSeekrOJustice said:
"PghREA A current survey will show the property line and the location of the current trees, fences or what ever it is that the 2 neighbors are quibbling about. These items were probably not there 20 to 30 years ago when the original surveys were done."

I have my survey that was done about 15 years ago and "my neighbor's fence" was there then, when I bought my property and it does appear to be on the survey, but the survey to me (a layman) was not the easiest thing to read. I had no reason to think that there was a problem, until they recently demanded that I disconnect my fence from theirs and upon my investigation I found that their fence is on my property, as is about a foot or so of their driveway. The neighbor's property has been bought and sold numerous times and there was no survey file with the Register of Deeds....now whether they had one done or not I don't know. Yesterday, I did however get a plat printout that shows the properties when they purchased from the ROD

**A: h....e......l......l.......o.... a 15 year old survey is not a current survey.
I would hate to hear your stories of current events.
And why are you hijacking someone's thread?
 

NCSeekrOJustice

Junior Member
HomeGuru said:
**A: h....e......l......l.......o.... a 15 year old survey is not a current survey.
I would hate to hear your stories of current events.
And why are you hijacking someone's thread?
Hey HomeGuru

Perhaps an older survey could show that a person originally had the right to the property and might just clear up a situation.

UHHH I didn't say it was a current survey anyway and I participated just like everyone else...so how do you figure I hijacked it??....and if so, then aren't you guilty of the same thing? Trust me, you don't have to read ANYTHING I post, much less my stories of current events.
 
Last edited:

sun81

Member
I would like to offer a suggestion. Look into Grandfather clauses. I know they apply to structures being on property prior to purchase, and they can not be touched. I am not sure if fences apply to that. I have purchased property that hasn't had a survey ever registered. I found out that my neighbor on one side took advantage of the previous owner, and built a fence nine feet over onto my property. Since I wanted legal proof off this, I did pay for a survey, and did inform the neighbor of that, and the neighbor didn't want me to remove the fence, but since he placed the fence himself, he doesn't have the right to my nine feet of property, and the survey clearly shows that. I realize they are expensive, but such a great tool to have when necessary. :rolleyes:
 

sun81

Member
After I left the last response, I did find something that may give you what you really need. This was noted on another post by another member. It is worth reading, and then you should find out if these neighbors have paid taxes on their "added" property.
RCW 7.28.070Adverse possession under claim and color of title -- Payment of taxes.
Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.
 

HomeGuru

Senior Member
NCSeekrOJustice said:
Hey HomeGuru

Perhaps an older survey could show that a person originally had the right to the property and might just clear up a situation.

UHHH I didn't say it was a current survey anyway and I participated just like everyone else...so how do you figure I hijacked it??....and if so, then aren't you guilty of the same thing? Trust me, you don't have to read ANYTHING I post, much less my stories of current events.

**A: read your post again.
 

HomeGuru

Senior Member
sun81 said:
I would like to offer a suggestion. Look into Grandfather clauses.


**A: not relevent. And it would be similar to look into Santa Claus.
**********

I know they apply to structures being on property prior to purchase, and they can not be touched. I am not sure if fences apply to that. I have purchased property that hasn't had a survey ever registered. I found out that my neighbor on one side took advantage of the previous owner, and built a fence nine feet over onto my property. Since I wanted legal proof off this, I did pay for a survey, and did inform the neighbor of that, and the neighbor didn't want me to remove the fence, but since he placed the fence himself, he doesn't have the right to my nine feet of property, and the survey clearly shows that. I realize they are expensive, but such a great tool to have when necessary. :rolleyes:
**A: good story.
 

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