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Old 12-13-2017, 10:09 AM
 
Location: Cary, NC
32,218 posts, read 56,378,616 times
Reputation: 30954

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Quote:
Originally Posted by jmking View Post
I'm not sure I really lawyered up because I never paid a retainer to the lawyer who closed on my house 2.5 years ago. I did let her know what was happening, she said she would write a letter to the neighbor not to cut down trees or build fences and that the survey was under contention. She did as I did also, contact the developer's surveyor who reposted the stakes indicating the proper boundary in which the neighbors again removed from the ground. When the neighbors started to build the fence I called the lawyer who was on vacation. 3-4 days later I talked with her in which she said she never sent that letter stating that she thought I should get another survey done. I disagreed stating that I closed with a plat provided to me before I bought this house and it is that survey I'm sticking with. I was pretty much done with her, however, I did call the surveyor who produced that plat, the same one who replaced the stakes on the proper spot sometime ago said he wanted several hundred dollars to do it again. I was a bit pissed, however just minutes after that phone call the neighbor's surveyor called me again and reiterated that their survey was incorrect and will be fixed. I did email the lawyer (closing attorney) about the surveyor's call and never received a response at all.
Ah...
Well, I am glad you have reached the point you are at...
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Old 12-14-2017, 11:16 AM
 
Location: Minnesota
1,792 posts, read 683,503 times
Reputation: 3158
Happy to hear it's resolved and you didn't have to pay lawyers fees to get there. Sorry it left a bad taste and ruined your happiness there. Was this supposed to be your forever home? Maybe if you stick it out the neighbors will move away. I would imagine they wore out their welcome to the neighborhood with their antics and giving you so much grief. Maybe they will take the hint and move away, preferably with no neighbors within miles so nobody else has to deal with them.
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Old 12-16-2017, 11:25 AM
 
6,211 posts, read 6,689,437 times
Reputation: 3093
Quote:
Originally Posted by Izzie1213 View Post
Happy to hear it's resolved and you didn't have to pay lawyers fees to get there. Sorry it left a bad taste and ruined your happiness there. Was this supposed to be your forever home? Maybe if you stick it out the neighbors will move away. I would imagine they wore out their welcome to the neighborhood with their antics and giving you so much grief. Maybe they will take the hint and move away, preferably with no neighbors within miles so nobody else has to deal with them.
The neighbor bought the house in August, unlikely moving soon. She is a retiree moving from a 68 acre farm from up north whose adult kids are her bull dogs, all are loud and obnoxious. They seem not to care what others think or feel. They come off as though they are not used to having neighbors right next door. I still do not understand why they bought a house centered on a half acre lot in a subdivision where houses are still under construction, where they hired their own surveyor who botched the job, in which they informed me and them that it was incorrect, and then called my wife a b***** and build a stockade fence 6' on our property. That stockade fence is against our HOA and their title insurance company is going to pay for them to move the fence. Just boggles the mind.....we will be the ones moving I think.
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Old 03-30-2018, 01:09 PM
 
1,192 posts, read 361,596 times
Reputation: 1779
I read parts of this on the recommendation of someone from another current topic about neighbors encroaching on a couple's property lines with shed, trash, etc. I have to get a chicken and make coffee and then I'll settle in to read this beginning to end.
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Old 04-03-2018, 12:15 AM
 
Location: PNW
2,309 posts, read 823,577 times
Reputation: 3821
Quote:
Originally Posted by oldtrader View Post
If it was a proper survey, the surveyor would not have measured starting at a swale, or the edge of the street. They would be following the legal description, and would be starting at the stated permanent and registered marker which may even be a distance from the property. I have seen instances where this marker was over a mile and often more from the property itself. In every legal description, or a subdivision plat, there is always a beginning point which will be a permanent and registered marker. On the other hand if it was just someone measuring using the street or swale or other part of the property as a start point, there is no way that is a survey and those markers put in have nothing to do with the property lines.

One of the worst examples I have ever seen, where people just measured as the poster suggested, was in a mountain community in Colorado. It was along a 2 lane state highway, and had at one time been a church camp that someone broke up into lots many years before. A man and his wife bought a lot for cash (no survey), and never took out a loan till after the home was half built. The lender required a survey.

The survey found the person did not own the lot they were building on, but owned the house next door. The lender had several loans in the area that was made before they required surveys. They quickly found that no one owned the lots they had built on. The one that owned the house next door where this man owned, was actually on an the other side of the highway, on a cliff like hill.

They were told by attorneys that they all needed to do a quiet title suit to get things straightened out, costing thousands of dollars each property and taking a year or more to do.

The man who was building the home came to me on a recommendation for a consultation to find if there was any other way of doing it. I consulted 40 years ago for $100 an hour. I had an idea, and called my real estate attorney friend to see if it was doable. He said go with it. Each person marked his corners of what he thought he owned, and the neighbors agreed with him. There were over 100 lots. When all agreed, the surveyor did the surveys, wrote the new legal descriptions based on the survey. The owners deeded their lots to the attorney, and he deeded the lot with the new legal description to the owners. The cost due to the number of properties, was $100 for the surveyor, and $100 to the attorney including the filing fees for each lot. Took less than 30 days to accomplish it all.

The county recorders office was happy with the results, as it cleared over 100 titles and were all correct. The lenders were happy, as they now had mortgages on property they had loaned on. The owners were happy, as it solved their title and mortgage problems, and only cost $200 to handle it which was way less than just a survey on their property. The surveyor was happy, as he got a nice helping of business. The attorney was happy (my attorney who was the best real estate attorney in town) as his para-legal did the work, he checked the work and got a few thousand dollar profit. I got a couple of hundred dollars for the consultation that came up with the idea of how to solve the problem. Not a big payday, but enough to take my wife out for a couple of date night dinners after income taxes deducted.

I saw lots of examples, where people just measured, from something like a swale or street and were wrong. Some were huge mistakes like that community mentioned above. When buying property, don't settle for less than a new surveyor by a licensed surveyor.
Excellent post, but out of reps.
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Old 04-03-2018, 12:23 AM
 
Location: PNW
2,309 posts, read 823,577 times
Reputation: 3821
Quote:
Originally Posted by MrRational View Post
This reminds me of an anecdote from the Hernando DeSoto book "Mystery of Capital" LINK
Good post!
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Old 04-04-2018, 08:46 AM
 
6,211 posts, read 6,689,437 times
Reputation: 3093
This is to "kettlepot".....This is what has transpired since my last post. The neighbor emailed me and apologized for everything that they put us through. What I can gather is that an aquaintance of theirs downloaded old surveys of the property lines in which he convinced them was correct and matched the faulty survey done by their surveyors and that we must be dirtbags, worthy of contempt.

The error was pointed out by their lawyer to me when their surveyors came out and performed the correct survey. Apparently the main measurement to measure off of is from the center of the new road beside my house. That road is connected to the "old road" that leads out to the main road (less than a quarter of a mile). However, the "new road" is offset 6' from the old road. Another words, where the two roads connect it is offset 6' because, I think, large drainage pipes are under the new road. Thus the 6' error on our land. There are and has been updated surveys to correct this but their surveyor and aquaintance did not pick that information up.

The fence has not been moved yet. The weather has been pretty bad, cold and wet. The neighbor has assured me several times they are going to move it very soon and that her lawyer is pricing out contractors to perform the move. Although her son is the one who put up the fence, I think he does not want to be the one to do the moving because he is embarrassed. Not just because of me belly laughing my ass off through my window, but all the neighbors too, while he's busting his tail removing contrete plugged fence posts from the ground......just kidding, I will do the opposite and thank God this is over.
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Old 04-04-2018, 08:49 AM
 
Location: Cary, NC
32,218 posts, read 56,378,616 times
Reputation: 30954
Quote:
Originally Posted by jmking View Post
This is to "kettlepot".....This is what has transpired since my last post. The neighbor emailed me and apologized for everything that they put us through. What I can gather is that an aquaintance of theirs downloaded old surveys of the property lines in which he convinced them was correct and matched the faulty survey done by their surveyors and that we must be dirtbags, worthy of contempt.

The error was pointed out by their lawyer to me when their surveyors came out and performed the correct survey. Apparently the main measurement to measure off of is from the center of the new road beside my house. That road is connected to the "old road" that leads out to the main road (less than a quarter of a mile). However, the "new road" is offset 6' from the old road. Another words, where the two roads connect it is offset 6' because, I think, large drainage pipes are under the new road. Thus the 6' error on our land. There are and has been updated surveys to correct this but their surveyor and aquaintance did not pick that information up.

The fence has not been moved yet. The weather has been pretty bad, cold and wet. The neighbor has assured me several times they are going to move it very soon and that her lawyer is pricing out contractors to perform the move. Although her son is the one who put up the fence, I think he does not want to be the one to do the moving because he is embarrassed. Not just because of me belly laughing my ass off through my window, but all the neighbors too, while he's busting his tail removing contrete plugged fence posts from the ground......just kidding, I will do the opposite and thank God this is over.
LOL
Funny how the worm turns...

Congrats on an apparent resolution without weaponry...
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Old 04-04-2018, 03:14 PM
 
Location: Denver CO
19,732 posts, read 10,673,296 times
Reputation: 29099
Excellent! Repped you for one of the best follow up posts, although of course it will be even better when you can report that the fence has been completely removed.
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Old Today, 07:50 AM
 
6,211 posts, read 6,689,437 times
Reputation: 3093
Quote:
Originally Posted by emm74 View Post
Excellent! Repped you for one of the best follow up posts, although of course it will be even better when you can report that the fence has been completely removed.
Finally the fence was uprooted and moved 6' back to where it belonged in the first place. It just happened last Friday, January 25, 2019. I finally was able to hash out what really happened because I now talk to the neighbor next door, we get along fine now.

For the life of me I could not figure out why their survey company kept in contact with me the whole time, and that if they are telling me the whole time the survey was not correct surely they must be talking with their client, my neighbor, also? Well, it wasn't my neighbor who hired them, it was their closing attorney the survey company was in contact with. This attorney did nothing, said nothing to his client at all (my neighbor) the whole time until the situation got out of control. I guess he figured he closed on a house and that was that, move on to the next closing.

The attorney did receive monies from the title insurance company last October in order to move the fence and told both the neighbor and I the fence will be moved in a couple of weeks. Well that did not happen, months went by nothing was done. We both called and emailed him stating we are both going to file a complaint to the proper authorities in the State of Delaware. Presto, the fence was moved last Friday!

What is really sad and strange is for those who've read this whole thread, my neighbor's son who was a bit of a pain in the butt, very intimidating, ex marine etc through this whole ordeal, died of a heart attack last month.
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