Can I outlook my neighbers survey lacking thier consent? Is there anyway I would be capable of view my neighbers...
Is there anyway I would be capable of view my neighbers survey lacking thier consent? In my previous ? on putting in a obstruction, we have well-read going by our current 2004 survey with the fencing company's our property dash is only 1 foot from thier driveway. She have been mowing 10 ft over onto our property procession the last 3 years. I own expressed our concern to her live-in-boyfriend that happened to come upon us when we have 1 of the fencing companys over and we explained we are planning on fencing this summer. He and I have agreed to exchange survey copies to build sure there is no conflict of property lines. I own not heard from any of them now and I mull over they are avoiding me and my husband. She has taken out the decrotive white metal fencing, but it is still lay partly over our smudge and we still have the issue near the shrub she put in concluding summer in our courtyard and her small round flower garden. Where do we go subsequent? I would like to contract a fencing company by the terminate of next week
Answers: Melissa,
You are correct property flash disputes are a touchy subject for most land owners. The best item anyone did for you was to own your property surveyed. In the state of Oregon the adjoining park owners are allowed a copy of the survey since its shares a common boundary procession. In many states the surveys are record and available to all of the public from the County recorder office. I believe you said your surveys are record, and if so, then your neighbor¡¯s survey, if one be actually done, should also be record.
Your best course of action is to chat to your neighbor openly going on for your intentions to fence your property and do this next to a surveyor present. This may cost you a small fee for the surveyors time, but surrounded by the end totally worth it to enjoy one there as a intermediary. A land surveyor is an nonaligned third party. They are solitary allowed to show the facts from the legal files and hold no favoritism to either owner even the one who hired them. If after the school assembly your neighbor is satisfied next to the location of the boundary as described by the surveyor and shown to you both on the ground, then put up the paling. If they are not satisfied, next you may need to investigate why they believe they own a claim to land on the other side of the boundary. The just reason lawsuits are grazing land is because some party consistency that their interest have be damaged by another. If they enjoy no reason to believe that you are exclusion their interests then both party can rest. Are there monuments surrounded by the ground and have they other been in attendance? Monuments are GOLD when they are relied upon as a boundary marker. If they hold been moved by a carnival then a surveyor should glibly be able to put in the picture.
There are some state laws that allow a neighbor to gain title to a strip of topography if they are occupying and maintain it for a set period of time. This is call adverse possession and although it looks good defined within a text book, contained by all actuality it can be tremendously hard to prove, so the ruling is on your side. If your neighbor has be using a strip of your land for something they necessitate, like the lone driveway in to their property, consequently they can legally land an easement to use that strip. They don¡¯t gain title to it but what they can get is a prescriptive easement for the NEEDED use.
Ultimately you are properly allowed to fence your property to your boundary smudge so as I said the law is on your side.
PS - the previous answers posted going on for you question near regards to outmoded surveys not being accurate is relatively false. Many old surveys are ultimate and require no changes. Also various times surveyors can make mistakes and those mistakes will return with recorded, A county or city reviewer lone checks the survey to make sure it have met state laws for recordation they don¡¯t necessarily verify if it is a correct boundary establishment. That relies on the surveyors shoulders.
I'm pretty sure that you can stir to town hall and obtain this information from the planning and zoning board.