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My husband happened to see neighbor outside in his yard this morning so he walked down to speak to him.
After introductions hubby told him we mailed a letter and and about the survey etc. Neighbor then asked if those were the stakes? Supposedly he thought they were from the city about the easement. He also thought we were just letting him know that we were putting in a fence just in case the fence workers messed up his plants. Long story short, he did think it was his land but on assumption only. He said he will move some of the plants that come back (periannuals?) But leave most as they will die out over winter. Hubby got the feeling that this guy really didn't know much about surveys and was a tiny bit clueless. I don't know if it was an act but we will find out come Spring. I hope that's it though!
Doesn't sound like he is going to cause any trouble at all.
And, since there is an easement, I can see how he would think the city put the stakes there.
Once in a blue moon, {I think 2 or 3 times in the 30 years I have lived here} someone on our road has a survey done and they place little stakes on all the property lines while doing the survey.....and they never come back for them. Everyone, including me, gets rid of them.
Have your surveyor place iron rods at the corners, pound them down below ground level and put a stake on top of the rod. Iron rods are not easily moved or removed and can easily be located years later. The stake on top can be used by the fencing contractor.
Keep in mind the fact that property lines are not always straight so you should have an iron rod placed where ever the angle changes.
Some municipalities require a permit for a fence, don't overlook that process.
Have your surveyor place iron rods at the corners, pound them down below ground level and put a stake on top of the rod. Iron rods are not easily moved or removed and can easily be located years later. The stake on top can be used by the fencing contractor.
Keep in mind the fact that property lines are not always straight so you should have an iron rod placed where ever the angle changes.
Some municipalities require a permit for a fence, don't overlook that process.
Talk to the surveyor. The rods (or pipes) might already be there. At least in this part of Maryland it is pretty standard for surveyors to install them when the property is subdivided. There are exceptions ( I worked for a surveyor for a while and one subdivision that was built for 'war workers' near an aircraft plant during WWII did not 'waste strategic materials' to put them in and 50 years later it is still a problem :-)). The wooden stakes are used to give a visual reference point above ground for the pipes. Whenever we surveyed once we got near the corner we would use a dipping needle to find the pipe then dig out the end and flag it. Then we would pound in a wooden stake next to the pipe. His survey should say whether he found pipes or rods at the corner (or any bend) of the property line.
My survey experience was all in the pre GPS era. We used to have to run physical survey lines with theodilites, plumblines, and 100 ft steel tapes. We occasionally had to go over a mile away to get a known good starting point for an older property.
I am curios what the easement is for. IS it for waterlines, power, what? The type of easement may determine what you can do on top of it. Fences are not usually a problem but you may want to make it easy for the easement owner to get through it if needed.
I bet that thief judge is now watching the land he stole in case the person he got it from or anyone else would do what he did to them and use the land.
So the idea is who uses something owns it. Not who pays for it, who pays taxes on it and who pays insurance on it. Before that judge took the land, I have a feeling if someone injured himself on that land the owner would be sued, not the person who used the land the most.
I don't know if there are rods buried to mark the property. I do know in another house here in the community they had them so it's most likely there are at my house too.
I don't know what the easement is but the fence will be on my property only. We will triple check. The guy we are using for the fence will handle the permits, calling the no dig and check the survey. I believe there's no inspection but don't quote me, he spoke with my husband.
I don't know if there are rods buried to mark the property. I do know in another house here in the community they had them so it's most likely there are at my house too.
I don't know what the easement is but the fence will be on my property only. We will triple check. The guy we are using for the fence will handle the permits, calling the no dig and check the survey. I believe there's no inspection but don't quote me, he spoke with my husband.
It would be good to know what the easement is for. If it is a utility easement it shouldn't be a major problem. If it is some kind of drainage easement a fence (depending on the type) may interfere with the flow during storms.
It would be good to know what the easement is for. If it is a utility easement it shouldn't be a major problem. If it is some kind of drainage easement a fence (depending on the type) may interfere with the flow during storms.
Yeah. I was thinking drainage easement as well. Just leave 3" under the fence and you're good most places.
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