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Old 04-21-2013, 07:39 AM
 
1,472 posts, read 2,405,539 times
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Ok our property was Surveyed but couple of the Markers are missing on the side I'm having a problem with.There is a Shed and Lagoon for two Trailers on this section.

My Neighbor is claiming ownership of the Shed but its clearly on my property.He was going to move it or tear it down ,which would be illegal being mine.To make it easier I told him I would sell him that section.He agreed but this has been 3 months and he has not got back with me.

I told my wife i can't wait much longer,I'm thinking of getting a Surveyor out,mark the lines,use the Shed and have DNR take care of the Lagoon.

The Guy is Head of Homeland Security for the County and I was told he could make life hard on me.

Thoughts?
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Old 04-21-2013, 07:43 AM
 
Location: On the Chesapeake
45,344 posts, read 60,522,810 times
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Get the survey. I would think after 3 months he's lost interest.

Why would DNR (I assume you mean your State's Department of Natural Resources) take care of a septic(?) lagoon on your property? They might order you to take care of it, though.

His job likely won't make much difference, really. I don't think he'd want a Live at 11 Action News report about him.
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Old 04-21-2013, 04:03 PM
 
1,472 posts, read 2,405,539 times
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Quote:
Originally Posted by North Beach Person View Post
Get the survey. I would think after 3 months he's lost interest.

Why would DNR (I assume you mean your State's Department of Natural Resources) take care of a septic(?) lagoon on your property? They might order you to take care of it, though.

His job likely won't make much difference, really. I don't think he'd want a Live at 11 Action News report about him.
The Lagoon is taking care of his place and another place but Lagoon drains into a ditch on through my property.But like I say I would think the DNR would have him take care of it considering he is saying it is his on my property.Have another Lagoon on the other side of my place coming off another neighbors house,I'm just going to fill it in.

Thing is both these places are not big enough for a Legal septic system.

brushrunner
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Old 04-21-2013, 04:16 PM
 
Location: On the Chesapeake
45,344 posts, read 60,522,810 times
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I'm not real familiar with lagoon systems. Having non-corforming things like that going through each others properties will really complicate things.

Maybe the neighbor has an easement for his system on your property. You'd be amazed at how many people don't understand how those work.
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Old 04-21-2013, 06:32 PM
 
1,472 posts, read 2,405,539 times
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Quote:
Originally Posted by North Beach Person View Post
I'm not real familiar with lagoon systems. Having non-corforming things like that going through each others properties will really complicate things.

Maybe the neighbor has an easement for his system on your property. You'd be amazed at how many people don't understand how those work.
Lagoon is a Pond for your Sewer to run into,in Missouri you have to have 3 acres or more to have one which I do,I have almost 4 acres,he has just over 1 acre.There is no easements for Septic Systems here.

This property started out as a Big Section divided into smaller 1 1/2 acre Lots,which a couple sold,I bought the Big Section that didn't sell.Seems them that bought fudged a little over on my property to give them more room considering no one was around.

brushrunner
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Old 04-22-2013, 07:00 AM
 
Location: The Triad
34,088 posts, read 82,937,102 times
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Quote:
Originally Posted by brushrunner View Post
our property was Surveyed but couple of the Markers are missing...
This property started out as a Big Section divided into smaller 1 1/2 acre Lots...
Find the original survey for the 1.5acre sub-division... then find the iron pins.
See where the lines are.

If you can't find the iron pins you may need to hire a surveyor.
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Old 04-24-2013, 11:37 AM
 
Location: A Very Naughtytown In Northwestern Montanifornia U.S.A.
1,088 posts, read 1,946,913 times
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Quote:
Originally Posted by brushrunner View Post
Ok our property was Surveyed but couple of the Markers are missing on the side I'm having a problem with.There is a Shed and Lagoon for two Trailers on this section.
My Neighbor is claiming ownership of the Shed but its clearly on my property.He was going to move it or tear it down ,which would be illegal being mine.To make it easier I told him I would sell him that section.He agreed but this has been 3 months and he has not got back with me.
I told my wife i can't wait much longer,I'm thinking of getting a Surveyor out,mark the lines,use the Shed and have DNR take care of the Lagoon.The Guy is Head of Homeland Security for the County and I was told he could make life hard on me. Thoughts?

Get a survey with the same company that did the original survey it may save you money. It may also expose some type of land grab or other misdeed that your neighbor may be up to. Nip it in the bud because your neighbor may be trying to do a land grab by using an odd method of having the property lines redrawn through "property acquisition through adverse possession"

Read your title very well for any easement for sewage lagoon water to over-flow onto your property.
Nip it in the bud before it's too late.
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Old 04-25-2013, 08:05 AM
 
Location: southwest TN
8,568 posts, read 18,103,591 times
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Adverse possession requires open and "notorious" for a specific number of years (by statute). Find out what your local statute says regarding this legal concept. It would be a good idea to consult with an attorney. If you don't know any, look up "lawyer referral service" for your city/county/nearest large city/state and get an inexpensive initial consultation.

Hiring a surveyor at this point is up in the top 2 things you need to do.

I would also not be so qjuick and casual to just "fill in the lagoons". Being that the other properties do not qualify for either a regujlar septic (your statement) or the lagoon, you might be opening a whole bunch of issues for which you might ultimately either have to pay or to join in the payments to resolve. That is why an attorney consultation is imperateive at this point.
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Old 04-25-2013, 07:37 PM
 
1,472 posts, read 2,405,539 times
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Quote:
Originally Posted by MrRational View Post
Find the original survey for the 1.5acre sub-division... then find the iron pins.
See where the lines are.

If you can't find the iron pins you may need to hire a surveyor.

Well just by luck we found the Pins today we needed,all Pins are found.

Adverse possession is out it takes 10 years and he hasn't been here that long.

Talked to a Lawyer that knows the property and both us.She said he couldn't touch the Shed or the contents even though they belong to him.She said she was going to call him.Told my wife I wasn't interested in the stuff and was going to give him so long to get it out.She said no we could sell it.Hate going against her want to stay as much good terms as I can.

brushrunner
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Old 04-25-2013, 07:42 PM
 
Location: Oregon
1,378 posts, read 3,211,429 times
Reputation: 1033
I agree with wanting to stay on decent terms with your neighbors.
Are you sure that it's his stuff in the shed?
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