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The more I look at all the documents, old maps etc I really think that the driveway is not that bad. It aligns pretty much with the point of ingress off the street that obviously the City or Developer put in so if anyone made the initial mistake then it was them. Dude still should have gotten himself a survey before paving his driveway but this lady has allowed it for years. It cannot be more than a foot (probably just a few inches if that).
The main issue to me is the landscaping area that he put in. According to the article Dude says that "it's a separate issue". From all the pictures I have looked at, I get the feeling he was not happy with how her yard looked and from what I saw on these pictures it did not appear to be very well maintained all these years. It still did not give him the right to landscape that area though.
And I think the man's claim to adverse possession is with the driveway not the landscaping. He does not want to tear up the entire driveway to move it over a few inches especially when she has not said anything in over 20 years!
It cannot be more than a foot (probably just a few inches if that)
I believe the video still is of the actual survey document, which shows the driveway encroaching about 4 1/2 feet on one end and just shy of 5 1/2 feet down at the street side. The fence also encroaches.
He might of created a new, moved curb cut, too.
Who knows what was said verbally in the past, between back then, possibly friendly neighbors.
And I think the man's claim to adverse possession is with the driveway not the landscaping. He does not want to tear up the entire driveway to move it over a few inches especially when she has not said anything in over 20 years!
Mr. Davenport only paved it 12 years ago when Ms. Tyson said she was away taking care of her mother and that it was known among the residents on the street that the grass driveways were misaligned in the area and others, including herself, moved there’s.
Ms. Tyson has been there 37 years during which time it sounds like she’s had quite a few issues to deal with so confronting her neighbor might not have been tops on her list. And him doubling down with the plantings shows he had little regard for property lines and that he may not have have been someone she wanted conflict with.
Sorry if I seem argumentative. I just feel bad for this lady and wish I could be her lawyer.
I believe the video still is of the actual survey document, which shows the driveway encroaching about 4 1/2 feet on one end and just shy of 5 1/2 feet down at the street side. The fence also encroaches.
Ahhhh....missed the video with the new survey and just saw in the printed article where it states "The problem, the neighbor’s concrete driveway, fence and even landscaping, stretches five feet into Tyson’s property." That landscaping bed was pretty wide so I assumed that took up the majority of the 5ft.
Well then, I change my mind and I am now team Ms Tyson!
A question for the realtors among us - with the online availability of property ownership, mortgage documents (with people's signatures), even septic system layouts, why aren't the property surveys available?
I'm not asking whether they (or the other info mentioned) should be or shouldn't be - I'm thinking property surveys online would be in keeping with precedent set by the other info availability.
What feeds the county GIS property boundaries?
I'm also not try to imply that it would have helped this situation - I suspect Ms Tyson alerting her agent of the encroachment (as best she understood it) would have helped the most, perhaps.
A question for the realtors among us - with the online availability of property ownership, mortgage documents (with people's signatures), even septic system layouts, why aren't the property surveys available?
I'm not asking whether they (or the other info mentioned) should be or shouldn't be - I'm thinking property surveys online would be in keeping with precedent set by the other info availability.
What feeds the county GIS property boundaries?
I'm also not try to imply that it would have helped this situation - I suspect Ms Tyson alerting her agent of the encroachment (as best she understood it) would have helped the most, perhaps.
Many owners don't have a survey.
We ask for them, but just cannot get them in many instances. I try to keep a copy for anything I work on.
But...
When you hire a licensed surveyor to survey your property, the product is the surveyor's legal representation only to you of his assessment.
It is not a legit representation to anyone else who has not engaged the surveyor.
That is why the clients' names are on all surveys.
And, to that point, many surveys also say, "Nor for recordation."
Thanks Mike for the explanation - I'm probably asking the wrong "data" question as I don't know what the county uses - as in the Wake County GIS property representation (data which I'm guessing is provided to Google Maps, etc).
Thanks Mike for the explanation - I'm probably asking the wrong "data" question as I don't know what the county uses - as in the Wake County GIS property representation (data which I'm guessing is provided to Google Maps, etc).
Someone is pulling lines off assessors' maps, I would presume.
Many owners don't have a survey.
We ask for them, but just cannot get them in many instances. I try to keep a copy for anything I work on.
But...
When you hire a licensed surveyor to survey your property, the product is the surveyor's legal representation only to you of his assessment.
It is not a legit representation to anyone else who has not engaged the surveyor.
That is why the clients' names are on all surveys.
And, to that point, many surveys also say, "Nor for recordation."
Another problem is that surveyors are stuck in the past in terms of the tools they use. Our realtor here in Durham insisted we got a survey. And, we did. It was probably $400+, but totally worth getting. We do share long flower bed with our neighbor, and it's good to know exactly what belongs to us and what belongs to them. But, I noticed that the whole process was really outdated. They gave our survey to our mortgage attorney (is that what they are called in NC?) in a huge manila envelope. No e-version. No email. Just like, hey, here is 50+ page material, you better make sure you have it somewhere safe. I have already scanned it with my phone and it now lives in my Google Docs. But, holy crap, how come there is no software to do all of this? I am not 100% sure, but I think everything was like hand drawn there... uff.
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I just feel bad for this lady and wish I could be her lawyer.
