U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 01-27-2019, 06:05 PM
 
Location: Saint John, IN
10,904 posts, read 3,577,324 times
Reputation: 13193

Advertisements

Quote:
Originally Posted by rummage View Post
Why not? Who buys property without a current survey?
THIS, I feel both are at fault and nothing will come of it in court.
Reply With Quote Quick reply to this message

 
Old 01-27-2019, 06:48 PM
 
Location: The Triad (NC)
27,467 posts, read 59,447,551 times
Reputation: 30348
Quote:
Originally Posted by Silverfall View Post
They don't cost $500 out here for a survey. That's why they aren't common.
You should do something about that.
We get pretty drawings with all the important site details and bearing the stamp and seal of the licensed surveyor.
If you ask nice they'll also mark other useful details like the big trees.
Reply With Quote Quick reply to this message
 
Old 01-27-2019, 06:52 PM
 
Location: NC
6,109 posts, read 7,300,685 times
Reputation: 12166
Quote:
Originally Posted by gray horse View Post
This is NOT a legal matter with the neighbor, it is against the folks that sold me my house.
I realize that. But sometimes you end up needing to remedy the situation rather than get satisfaction financially. If you win in small claims court the new owner will still be occupying the piece in question and that is your bigger problem.
Reply With Quote Quick reply to this message
 
Old 01-27-2019, 07:40 PM
 
962 posts, read 1,039,083 times
Reputation: 1512
Quote:
Originally Posted by luv4horses View Post
I realize that. But sometimes you end up needing to remedy the situation rather than get satisfaction financially. If you win in small claims court the new owner will still be occupying the piece in question and that is your bigger problem.
The property in question has already been fenced off with a temporary solution, she is no longer able to use it.
Reply With Quote Quick reply to this message
 
Old Yesterday, 12:18 AM
 
8,666 posts, read 7,651,942 times
Reputation: 18810
Quote:
Originally Posted by gray horse View Post
The seller stated they had a survey done and in addition stated there were no encroachments.

That is deceitful.

In addition I have testimony from the previous neighbour that he disclosed his survey results to the seller 6 years prior to the sale, that his driveway encroached on their property. I also have his testimony that they told him they decided not to disclose it in the sale of the property.
If the seller had a survey done, if you did not want to pay for a survey why did you not demand a copy of that survey. This was negligence on your part, and if you had a buyers broker, they should have suggested you be provided with a copy.

There can be errors in older surveys, and can have serious errors, when modern electronic survey equipment is used, using the legal description as the base of the survey. This is the reason, anyone that buys a property without a survey is setting themselves up for serious potential problems.

The worst case I have seen, was a mountain highway settlement of about 75 lots, which had not been surveyed for nearly 100 years. Everyone knew where property lines. A couple bought a big lot for cash, and half built a home before needing financing. Bank was putting up money for finishing the home and when finished would put permanent mortgage on property. This was late 70s, and a survey was required. Survey with modern equipment shoe the couple actually owned the lot next, and that man disagreed, and found their lot was across the highway, too steep to build on. There were no homes across the street. This put existing mortgages at, risk, and lenders 60 day to solve the problem, or pay off the loans.

Attorneys told them they had to have quiet title suits, and all of them would have to spend thousands of dollars which most did not have to solve the problems.

I did real estate counselling at $100 an hour, and one of them came to me. My solution was, they get together, come to an agreement on what they owned and drive corner stakes. A surveyor then made new plat of the lots and the county accepted the new legal descriptions, which satisfied the lenders. I set them with the good survey/engineer and a top real estate attorney I knew. Each property owner paid $300 to solve the problem. The county did not charge for the new recordings as it solved a lot of potential problems as it solved a lot of long range problems for the county. I only spent a couple hours, and the property owners each pitched in $10, and sent me $500 which was over twice my bill. Everyone was happy, except for a couple of attorneys, who thought they would make many thousands going the quiet title route.
Reply With Quote Quick reply to this message
 
Old Yesterday, 02:13 AM
 
382 posts, read 226,822 times
Reputation: 670
Pretty sure once you go to trial you waive any other claims against them not in the lawsuit you are litigating. A common counter to their offer on the settlement would be "any known claims" which they may or may not give. In any case you should run down any other possible claims because you'll lose them either way.
Reply With Quote Quick reply to this message
 
Old Yesterday, 08:39 AM
 
613 posts, read 1,335,877 times
Reputation: 506
How large is the encroachment?
Reply With Quote Quick reply to this message
 
Old Yesterday, 09:18 AM
 
Location: Salem, OR
13,817 posts, read 32,036,328 times
Reputation: 12357
Quote:
Originally Posted by MrRational View Post
You should do something about that.
We get pretty drawings with all the important site details and bearing the stamp and seal of the licensed surveyor.
If you ask nice they'll also mark other useful details like the big trees.
I should tell them to charge less? What is it that you think that I should do about it?
Reply With Quote Quick reply to this message
 
Old Yesterday, 09:20 AM
 
Location: Salem, OR
13,817 posts, read 32,036,328 times
Reputation: 12357
Quote:
Originally Posted by oldtrader View Post
This was negligence on your part, and if you had a buyers broker, they should have suggested you be provided with a copy.
I think it was negligence on the part of the buyer agent. That is why people hire agents, right? To know what to ask? I don't know how on an acreage property, a buyer agent doesn't ask for a copy of the survey. That is real estate 101.
Reply With Quote Quick reply to this message
 
Old Yesterday, 09:39 AM
 
Location: NC
6,109 posts, read 7,300,685 times
Reputation: 12166
Quote:
Originally Posted by gray horse View Post
The property in question has already been fenced off with a temporary solution, she is no longer able to use it.
First let me say I feel bad for you that this has happened. But does your fence prevent the neighbor from using the contested area and that area is on the survey as belonging to the neighbor? Or is it contested but on the survey as your land and the neighbor is attempting to use it illegally. If the first case, you are potentially in legal trouble. If the second case, good idea.

As for the person who sold you your property, once you sign the contract the sale is finished. Your earlier discussion with that person unfortunately just becomes a case of "he said, she said". No proof.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top