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Old 11-29-2015, 08:11 AM
 
1,134 posts, read 1,123,325 times
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I was misled when I bought my house as to the property line and 3" of his driveway is on my property. I've only lived here eleven years and just found out in October that he built a drain to carry water into my property and it also diverts all of the water coming down his driveway into my yard. I've caught him pulling underhanded tricks this past year. October is also when I found out where the true property line is as he must have moved the survey marker before I moved in. Due to all of the erosion of my hillside and damage to my yard, I'm taking him to the magistrate because in the past year, I've found five different illegal diversions of his water onto and into my property. I have plenty of pics and I'm willing to bet he's going to claim adverse possession.

I've put up with this man's anal retentive ways and know that I didn't buy a home, I bought a bad neighbor.

Get your property surveyed.
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Old 11-29-2015, 08:28 AM
 
12,016 posts, read 12,738,934 times
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Quote:
Originally Posted by cam1957 View Post
I was misled when I bought my house as to the property line and 3" of his driveway is on my property. I've only lived here eleven years and just found out in October that he built a drain to carry water into my property and it also diverts all of the water coming down his driveway into my yard. I've caught him pulling underhanded tricks this past year. October is also when I found out where the true property line is as he must have moved the survey marker before I moved in. Due to all of the erosion of my hillside and damage to my yard, I'm taking him to the magistrate because in the past year, I've found five different illegal diversions of his water onto and into my property. I have plenty of pics and I'm willing to bet he's going to claim adverse possession.

I've put up with this man's anal retentive ways and know that I didn't buy a home, I bought a bad neighbor.

Get your property surveyed.
Honestly 3 inches is nothing, it's easy to go over by that amount and I would not fight about that aspect but I would about the draining problems. But 3 inches by how long can be only so much in land. I doubt it's even worth $1000.
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Old 11-29-2015, 10:17 AM
 
1,134 posts, read 1,123,325 times
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Quote:
Originally Posted by so954 View Post
Honestly 3 inches is nothing, it's easy to go over by that amount and I would not fight about that aspect but I would about the draining problems. But 3 inches by how long can be only so much in land. I doubt it's even worth $1000.
If he were a decent human being, I'd sell it to him for 1.00. Putting a barrier up so that my property no longer is damaged by his constant diversions will stop his illegal acts. You can't just break the law and not expect to have repercussions from doing so. I've turned the other cheek to these people out of respect because they're older.

He's the reason I found C-D in Feb. I didn't have a backbone when I moved in here, but putting up with his BS for eleven years is the straw that broke the camel's back. I now have a backbone thanks to him and I have every right to protect my property from his abuses. I don't care how much it's worth. He lied to me, stole the property marker and took advantage of my kind nature and my property. I want no part of this piece of trash that feels he's entitled to ruin another person's property to protect his.
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Old 12-01-2015, 04:12 PM
 
Location: Somewhere in America
15,479 posts, read 15,604,254 times
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Quote:
Originally Posted by cam1957 View Post
I was misled when I bought my house as to the property line and 3" of his driveway is on my property. I've only lived here eleven years and just found out in October that he built a drain to carry water into my property and it also diverts all of the water coming down his driveway into my yard. I've caught him pulling underhanded tricks this past year. October is also when I found out where the true property line is as he must have moved the survey marker before I moved in. Due to all of the erosion of my hillside and damage to my yard, I'm taking him to the magistrate because in the past year, I've found five different illegal diversions of his water onto and into my property. I have plenty of pics and I'm willing to bet he's going to claim adverse possession.

I've put up with this man's anal retentive ways and know that I didn't buy a home, I bought a bad neighbor.

Get your property surveyed.
Why didn't you have a survey done when you bought the place? You can never go by where a stick, rock, pipe, tree, or whatever was used as a marker.
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Old 12-01-2015, 04:23 PM
 
Location: On the Chesapeake
45,303 posts, read 60,463,888 times
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Some states allow a +/- of 3 to 6 inches off a survey line as error. The markers (if they're the ones prescribed in statute) are considered the "true" property line marker. That is, if they haven't been moved or otherwise tampered with.


OP, your bigger worry at this point is the directed run off and not the 3 in. encroachment.
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Old 12-01-2015, 04:55 PM
 
1,134 posts, read 1,123,325 times
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Originally Posted by ss20ts View Post
Why didn't you have a survey done when you bought the place? You can never go by where a stick, rock, pipe, tree, or whatever was used as a marker.
There was a survey done by the realtor's survey company.. He moved the flag. What new homeowner buys a house, pays for the survey in with the sale and then goes and pays for a new survey once they move in? I suggest any new homeowner learns how to read the survey they're given and measure their property once they move in, just in case they have a neighbor like me.

Sticks with flags on them are what property surveyors use to mark boundary lines. I didn't assume my neighbor was a thief when I moved in.
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Old 12-02-2015, 09:26 AM
 
3,020 posts, read 8,609,092 times
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Quote:
Originally Posted by cam1957 View Post
There was a survey done by the realtor's survey company.. He moved the flag. What new homeowner buys a house, pays for the survey in with the sale and then goes and pays for a new survey once they move in? I suggest any new homeowner learns how to read the survey they're given and measure their property once they move in, just in case they have a neighbor like me.

Sticks with flags on them are what property surveyors use to mark boundary lines. I didn't assume my neighbor was a thief when I moved in.
Typically, at least around here, a flag on a stake is not the only thing marking a survey point. Iron rod markers set below ground are set by surveyors and go back to when the property was originally surveyed many years ago. I've seen surveys marked by "Model T axles". Those are pretty hard to move around. The only problem I've had was when a survey corner was marked by an "18" hickory". The tree rotted and fell over, but I has the surveyor set a new iron rod where it once stood. When looking at a survey, look for IRF (iron rod found), or IRS (iron rod set). Legal descriptions reciting metes and bounds will never say "orange flag found".
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Old 12-02-2015, 10:47 AM
 
1,134 posts, read 1,123,325 times
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Quote:
Originally Posted by ETex2 View Post
Typically, at least around here, a flag on a stake is not the only thing marking a survey point. Iron rod markers set below ground are set by surveyors and go back to when the property was originally surveyed many years ago. I've seen surveys marked by "Model T axles". Those are pretty hard to move around. The only problem I've had was when a survey corner was marked by an "18" hickory". The tree rotted and fell over, but I has the surveyor set a new iron rod where it once stood. When looking at a survey, look for IRF (iron rod found), or IRS (iron rod set). Legal descriptions reciting metes and bounds will never say "orange flag found".
I didn't know that when I bought the house. I know now because I just had a survey done and I will emphasize that to anyone I know that's ever going to buy a house. The surveyor even took and showed me the new one and the old one. I'll never let anyone I know go through what I've gone through and am going through with this piece of trash.
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