Posted: 8/10/2015 4:05:38 PM EDT
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My brother, sister and I bought some land a few years ago. The country tax map and the platt book show a parcel that is about an acre different than what our survey shows from the sale. Using Google Earth Pro, the property lines reflect the recorded platt book map and tax map. If I measure it out there the acreage is basically what our acreage states in the contract but the survey is short a part of the property.
Now it is entirely probably that this small one acre part was intentionally left out of the survey to facilitate a neighbor who built an illegal seep bed and septic system on the property when it was owned by the timer company we bought it from. He did this because it had to be a minimum of 300' feet from any existing well and to do so put it on this property. The county and tax maps and our survey would have his shit system square on our land. But the surveyor flags dog leg around it, even a survey flag was put on his out building. My thinking is he approached the surveyor when he was mapping it out. In fact, the surveyor went around they guys garage with his lines. I get on well with the neighbor but looking at the lines, and the tax maps, I think I have a conflict here. The survey I have does not dog leg around his garage either. The reason this is coming up, we are about ten months out from the land being paid off and we are gonna move the ownership around to an LLC or maybe change our land use code. I am not sure how to proceed and how to settle the conflicts with the garage and the shit system as well as resolve the original platt book and tax maps with what we purchased? Any ideas? |
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What did your surveyor say? You called them first riiiiiiiiiiiiiiiiiiight? The land was surveyed before the sale was posted so we were not aware of this. When we bought it I walked every line and noticed the garage and shit system conflict ad told the neighbor that it is an issue and I am gonna have to address it. |
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IN Sounds like a septic war is brewing No war, just that the guy is sick with cancer and not long for the world. I imagine his wife will sell the place. I have to draw the line with this because I am likely paying taxes on an extra acre or so and someone else is draining shit water there illegally. I have known him for a long time. He bought the place from my aunt and uncle right before they died and they went into nursing homes. |
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Adverse possession. Your neighbor is doing it. If they do it long enough, and openly, in many states, it becomes theirs and that's it.
Sold a piece of property that had been encroached on by the neighbor decades before I bought it. Put that in with the disclosures, nobody batted an eye. Still sucked that my little backyard was 2' narrower than it should have been. |
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This happened to my dad when I was a kid in the 80s. Bought a piece of land, and the neighbor had already built an outbuilding across the property line.
Solution: hire your own surveyor, and be present when he is shooting the lines. Then sell your neighbor the acre they need at FMV to keep their septic drain field whole. |
| The deed that conveyed the land to you controls what you own. A survey is supposed to follow the deed. If the deed references a numbered parcel on a recorded plat, then you go by the recorded plat. The tax collector's records just show what you pay taxes on. If you're paying taxes on land you don't own, it's up to you to fix that problem. Google is just Google. If somebody has stuff on your property, you need to deal with that situation. Otherwise, it might become their property. If you're talking about an acre that's potentially in dispute, you might want to consult a local lawyer. |
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The deed that conveyed the land to you controls what you own. A survey is supposed to follow the deed. If the deed references a numbered parcel on a recorded plat, then you go by the recorded plat. The tax collector's records just show what you pay taxes on. If you're paying taxes on land you don't own, it's up to you to fix that problem. Google is just Google. If somebody has stuff on your property, you need to deal with that situation. Otherwise, it might become their property. If you're talking about an acre that's potentially in dispute, you might want to consult a local lawyer. Don't sit on the problem. Look into adverse possession in your state. Get your whole closing file together and sit with a lawyer. HUD, title commitment/title policy, survey, deed, plat, etc. Your county should have a mapping department too. For whatever reason, most of those folks reallly enjoy what they do. Feel free to bend their ear. |
| Find out if the prior surveyor filed a survey after the work was done. Your county surveyor can help you with this... He/she can also pull any previous surveys on your property. You will also need to hire your own surveyor ( not the same one that did the previous work) and have him survey and mark the lines with stakes, and flag up the corners found. If you can afford it, file a survey that shows the surveyors work and the encroachments. Contacting the title company is also a good idea. Do that first. I am not a licensed surveyor (yet). |
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I slept at a Holiday Inn Express once so here we go,
The dude is dying, you feel bed it's sad ok. You need to get this straight, Go to the original deed and survey when you bought the property, If his shit, literally is on your property two choices, He moves it off Or He buys your land Next question? Free advice from ARFCOM, you get the value you paid for...... |