We live in Oklahoma. 4 years ago we moved from the city to the country.
This past year we have had problems with the neighbors.
They visit once or twice a year, ( tourists ). The last time they were
here, they did thier own survey, and put up T-posts and left.
They are not qualified surveyors. Pretty much they just adjusted
the property line to suit them. This action took alot away from us.
When we moved here, we found the original iron pins that was
put down according, to our deed which was done in 1964.
The reason we did that is because we put up a couple of
storage sheds, and we did not want to go over the line. Now we have a
problem that I don't know exactly how to approach. I do not think that
it is legal what they did. They cannot communicate civilized. Any Ideas??
I have found that fencing helps keep neighbors friendly....Fence off your property to the original pins.... ;)
Hire a lawyer and send a demand letter . . .
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/.
Get yer own registered surveyor to confirm/mark the corners
(their opinion in writing regarding/confirming neighbors encroachment may come in handy later)
Set your own fence line conforming to above
Certified letter to "neighbors" politely/firmly stating their trespass/encroachment and your displeasure in same
Been there, done that X2
Consulting an attorney would not hurt - money well spent (likely)
If you have a copy of the plat and an as-built (prob needed it if you ever financed your property), you should be able to confirm property lines with neighbor. They might just not know how to lay it out or possibly thy were misinformed when they bought property. I would try and contact them first and she what their attitude is before going the lawyer route. They may surprise you and cooperate with you to resolve any question in both your minds. Often people will react to our own manner----if we come off as hostile, they will sometime get defensive----then it can get expensive. You can always get hardnosed later, harder to start that way first.
If you have had big run-ins before, the softer way may not be an option anymore.
Surveyor to set POL..points on line...........between your corners, FENCES make great neighbors!!!!!! and if they cross the fence........tresspassing!!!!!!!!!!!!!! [cool]
Just went through an issue with a neighbor, first bury 2'-3' rebar beside each of the original pins and drive them well below the surface, you can find them again with a metal detector should the original pins come up moved or relocated. Second, take pictures and document with GPS each pin location. Third, contact neighbor and inform them that their "interpretation" of the property lines are off based upon original iron pin locations and inform them that you will be getting a survey done of the land and based upon the results, adjustments will be made to their tee posts. Four, once survey is done and boundaries are found, document again with pictures and GPS screen shots, have surveyor produce plat of property and frame the plat for easy reference.
A fence might then be in order.
Neighbor issues are no fun, protect yourself. Having your property surveyed is $ well spent.
I just talked with my own neighbors about this very issue in our Subdivision. The original survey done on their adjoining property was taken at the 10' utility easment aaccross the fron. It was SUPPOSED to be taken from the center of the street a 30' differance. They had been goingby the original survey for 2 later owners. Not till the mortgage company for the 3 did they insist on a new survey which showed that their well and part of an out building was actually on my neighbors property. They agreed to sell them this 30' section so they could close. Long story short, get a new survery based on measurement as theyre shown to me on plats etc. DO NOT just rely on the original pins. What if theyre wrong? I had my property survery only to find tha the original owners put up a fence for their horses that was 5' inside the property lines down both sides of the property giving away almost 1000sq' of land d* Couple that with half the street I own in fron and half the drainage ditch across the back and its not exactly 5.5 acres is it:)
Having grown up on a farm, our neighbor would move the fences to our side in the Spring, we would kindly move them back to the correct line in the Fall, never had words, except when his bull knocked down half a fence line once.
I would just catch them when they are around and have a neighborly chat, if they get snarly, then refer to your solicitor.
Surprised no one's mentioned working through your title company. You pay lots of $$$$ in escrow for title insurance, this is what it's for! Get the title report from them. It will have the exact legal description of your lot. You might still need to hire a surveyor...If you do, ask any and all of your surrounding neighbors if they want their property surveyed as well. Once they get their transit set up it's really easy for them to find other corners and most likely will offer a discount. Then, when 4 out of 5 of your neighbors know exactly where their boundaries are, the one miserable neighbor has little to bitch about, and no one to bitch to.
Amen on all the above! First thing I do is drive 2' X 1/2" rebar beside the original pins, put them at least a foot below the surface, any metal detector can then locate them in case the original pins "disappear". Get a professional survey done, don't talk to the surveyor a second longer if they don't use the latest GPS aided tools and furnish you with a plat that is on something other than a piece of scratch paper. Put up a fence that will allow you to maintain BOTH sides of the fence on YOUR property, no whining when you want to do some work on your fence, it may cost you several feet but well worth it. Depending on which way the prevailing winds are and where your neighbors are located, a nice hog parlor might do the trick! I would also save the loudest maintenance work to be done during one of their few visits, start around 6 am.
Good luck,
Pins a surveyor sets are only a marker. I really do not know any state that you can not pull them - toss them - reuse them or throw them down a well. Some people seem to think they pack the same clout as a USGS Monument they do not. Farms and ranches they are always in the way - right by the gate on in the gate so it seems. I love Tichhill's idea of driving your own rebar down 'deep'. The surveyor I have used several times will always gives us a copy of what he is going to file or record at the county recorders. Then personally explains any hiccups he might have found. This is no more than correct to do so after all you are paying for it. Really it is what is on that piece of vellum that gets filed at the county recorder is true and correct not the pins in the ground after a couple years of abuse whether by accident or purpose.
Here in Idaho anyone can go to the recorder and pull a survey. In this country you do this yourself. (They will tell you where to look and their filing system.) You can have copies made for a fee. They are a matter of public record.
Have you had any updates- would be interested to hear how you get on...
Thought there was an update when there was a new post on this thread.
I too have been curious about the outcome!
Looking at their profile the op was last here to read responses 4 minutes after their original post. Kind of makes me wonder why they posted at all, ventilating I guess?
Quote from: Don_P on January 25, 2016, 08:36:43 PM
Looking at their profile the op was last here to read responses 4 minutes after their original post. Kind of makes me wonder why they posted at all, ventilating I guess?
Guess it looks like it d*