Property Line Question... please help! (lawyers, legal, land)
Raleigh, Durham, Chapel Hill, CaryThe Triangle Area
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"Quote:HungryMind;28521766-My first question may have been why the neighbors put up the stakes and wire in the first place. The stakes/wire sound quite unattractive and unusual. Why would they have even felt the need to put them up, even if they were only on their side of the property line? Did they put up these stakes around their entire property?"
I bet they watch Walking Dead & are prepping for the Zombie apocalypse
Last edited by Carmela C; 03-05-2013 at 06:01 AM..
Two points. First, in NC adverse possession takes 40 yrs. Second, the builder 'borders' may not have been the same borders you would see in a survey. If there never was a survey, get one done now, even if it is just to identify that one edge of your property. You may be surprised.
Thank you for all the suggestions. I think I will have the line surveyed and maybe use string to connect the stakes. Then ask them to remove their fence in person and if that doesn't work, in writing.
You already asked them in person. That did not work. From the response you got I would take the strongest action. Get it surveyed. Send a certified letter. Then rip that sucker out.
I found pictures from 3 years ago from when the builder graded all the dirt up to the property line.
So the property line was evident 3 years ago and...
No.. it was not "evident". At best it was implied.
With land... there is surveying and then there is everything else.
Maybe the builder *did* do a formal survey... or the previous land owner did.
No one on here can know.
Get the attorney. Get the survey done. Stop talking.
Get the survey done. Make sure they find the existing iron pins and verify their locations. If the iron pins are not there, make sure they set their own with their own yellow caps on the top, identifying who it was that surveyed the corners. They must be registered land surveyors or professional engineers. Immediately after the pins are set, take a measurement to each pin from two nearby known points: nails pounded into two nearby trees, etc., for each point, so that you can locate each point. Brightly mark in the soil around each point, each pin and photograph them. This is incase someone wants to get "creative" and do a little midnight surveying and move the pins--believe me, it happens.
If you feel comfortable, approach your neighbor with the survey and ask if they'd like to view the pins' locations for themselves. If they don't want to, send them a registered letter with return receipt, including a certified copy of the survey (embossed by notary if possible), and ask that they kindly move their fence to comply with the survey and that you would like for them to do it within 60 days of the letter.
If, after 60 days, if they've removed it--great! If not, neatly roll and bundle it up, and place the bundles over the property line on their property.
I had the same thing happen: one neighbor on one side had their driveway placed 100' across the property onto my side: I asked them to move it and reseed.
On the other side, they kept mowing wider. . . and wider. . . . . . . and wider to where they were over 100 feet over the line: AND WERE GETTING READY TO PUT UP A FENCE!!! "the property line is, oh, somewhere near where we've been mowing. . . ." I surveyed it in myself, much to their dismay. They had to move a shed and some equipment. Too bad.
If I'd let both sides stand, my 310' wide property would have been possibly less than 200 feet wide. You don't need an attorney, just the legal description of the property and a survey done by professionals.
FYI - the boundary stakes you took pictures of were likely just wooden markers which highlight the metal pins that actually mark the corners of your property. The pins (metal rods) are usually just an inch or two below the surface of the soil. If you know roughly where they are, you may be able to find them. If not, rent a metal detector to search the area you believe them to be.
+1 of finding those metal pins (usually about 3 or 4 foot long piece of metal rebar)
When I first got my house, I did get a photocopy of a small scale surveyor's map (with his seal) and used it to find the pins in my back yard (that was all heavy brush). I then took some orange plastic ribbon ("surveyor's flagging") and tied one end to the pin and ran the ribbon over to the nearest tree on my property and tied it off about 2 feet above ground. Every 2-3 years I walked back to the corners, replacing the ribbon if needed, and eyeballing the pin's location. The ribbon was low enough so that it wasn't an eyesore, but easy to spot if you were close.
If you can find your pins, maybe take some super-visible color spray paint and paint a bullseye around them on the grass and weeds. Not only to show off to your neighbors, but also so you can take even more pics (long shots and closeups) that make the pin locations obvious, with reference to any stakes. You should search this forum for other discussions about property limits. I remember one like a year ago, where they found the metal pins, and then observed their neighbor actually digging up the pins and re-setting them where they "thought" the corners should be. Pictures solved that issue too.
Those earlier pictures will probably be hugely helpful. I have to keep on reminding myself that, until you print it on paper, digital pictures cost absolutely nothing but computer hard drive space. So I now take many, many, for pre- and post-conditions whenever I move, have utility work on my yard, etc.
Do you have title insurance? You should if your home has a mortgage. The title insurance should handle this for you and use their own attorney if one is needed.
You should return the favor and just start parking your car in their driveway.
Last edited by jbny2076; 03-06-2013 at 08:08 AM..
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